Document type: sessionsPaper

Document ID: t18430130

uri: sessionsPapers/18430130

date: 18430130



CENTRAL CRIMINAL COURT.

SESSIONS PAPER.

HUMPHERY, MAYOR.

FORTH SESSION, HELD JANUARY 30TH, 1843.

MINUTES OF EVIDENCE,

Taken in Shorthand

BY HENRY BUCKLER .

LONDON:

GEORGE HEBERT, CHEAPSIDE.

TYLER & REED, PRINTERS, BOLT-COURT, FLEET-STREET.

1843.

THE

WHOLE PROCEEDINGS

On the Queen's Commission of the Peace,

OYER AND TERMINER, AND GAOL DELIVERY

FOR

The City of London,

AND GAOL DELIVERY FOR THE

COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION

OF THE

CENTRAL CRIMINAL COURT.

Held on Monday, January 30th, 1843, and following Days.

Before the Right Honourable JOHN HUMPHERY , LORD MAYOR of the City of London; the Right Honourable William James Lord Abinger, Chief Baron of Her Majesty's Court of Exchequer; Sir John Williams , Knt., one of Her Majesty's Justices of the Court of Queen's Bench: Sir William Henry Maule, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir John Key, Bart.; Sir Peter Laurie, Knt.; Thomas Kelly, Esq.; and Sir Chapman Marshall, Knt.; Aldermen of the said City: the Hon ourable Charles Ewan Law, Recorder of the said City: Thomas Wood , Esq.; Michael Gibbs, Esq.; John Johnson , Esq.; Sir James Duke, Knt.; and James Musgrove, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and Edward Bullock, Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.

LIST OF JURORS .

First Jury.

Joseph Ingham

James Gray

John Girling

Samuel P. Chapman

James Farmer Wade

Richard Rhodes

Henry B. Sandell

Samuel Hardingham

Samuel Hackett

William Gurby

John Castles

Robert Gunston

Second Jury.

Richard Folkard

Thomas George Ellis

John Stafford

Thomas Green

John Everest

Henry Peach

William Henry Bignall

Robert Granger

Septimus Morris

Hanibal Gardiner

William Moss

James B. Humphreys

Third Jury.

William Jepson

Henry Estrick

William Gregory

James Greenaway

John Simmons

William Ford

Charles Handyside

John Smith

Thomas Godsell

Robert Short

Richard Harding

James Hales

Fourth Jury.

Rogers Farrell

William Eyles

Richard Green

William P. Gibbons

Henry Adlard

Samuel England

Samuel Jose

Thomas Wright

George Worrall

Frederick Evans

William Hunter

William Jefford

Fifth Jury.

Charles Griffith

Adam Eve

James Hughes

William Poynder

Joseph Manning

William Hampson

William Houlston

Thomas Gower

John Francis

William Hallett

John Matthew Goodson

Matthew Brown

Sixth Jury.

Thomas Gilpin

Thomas Boot

William Edwards

Edward Edgar

Garrett Farrell

Samuel Barnard

John Wright

James Scott

Henry West

Horatio Fyner

Henry Boult

George Howton

CENTRAL CRIMINAL COURT .

HUMPHERY, MAYOR . FOURTH SESSION .

A star (*) denotes that prisoners have been previously in custody—Two stars (**) that they have been more than once in custody—An obelisk (†) that a prisoner is known to be the associate of bad characters.

LONDON AND MIDDLESEX CASES .

OLD COURT .— Monday, January 30 th , 1843.

First Jury, before Mr. Recorder.

589. HENRY SIMMERS was indicted for wilful and corrupt perjury.

MR. CLARKSON conducted the Prosecution.

WALTER KERTON . I am a clerk in the Judgment-office of the Court of Queen's Bench. I produce the book in which judgments are signed in the Court of Queen's Bench—I have an entry of a judgment signed in an action of Watts against Wittenbury, on the 27th of August, 1842.

MR. PRENDERGAST . Q. Did you make the entry? A. No, Mr. Barlow, the first clerk, did—I can swear to his handwriting—I am the second clerk.

MR. CLARKSON . Q. Are you always present at the signing of judgments in the judgment-office? A. I am in no other office—I am in the habit of signing judgments—I am always in the habit of being in the office when they are signed, unless I might be called out—Mr. Barlow is now in attendance at the office—I can fetch him—this judgment has since been set aside on a Judge's order, dated 16th of September—this is the order—I did not sign the reversal of the judgment—it was struck out by Mr. Barlow—I will not undertake to say that I was present when it was struck out—it is very likely the judgment-paper might be signed by me.

Cross-examined by MR. PRENDERGAST . Q. Supposing I want to sign judgment at your office, I bring with me a piece of paper called a judgment-paper, do I not? A. Yes, in this case it would be necessary, and we copy from the judgment-paper into the book—the book is a copy of the judgment-paper—we make the entry from the judgment-paper—a judgment-roll is also brought—we merely require an incipitor on that—we stamp the judgment-roll—the contents of the judgment-paper, and the judgment-roll are identical—an incipitor on the judgment-paper, and an incipitor on the judgment-roll is all that is required—we sign judgment on that—we always ask for the judgment-paper—that is our authority, because we write on that—we stamp the judgment-paper—we mark the day of the month—we stamp the judgment-roll with the same stamp that we stamp the judgment-paper with—the impression is "Queen's Bench Judgment-office"—it is the stamp of our office—we make the entry in the book from that paper, we take care to have it correct from the judg-ment-paper—they do not always go to far as the amount on the judgment-roll

—the judgment-paper contains all that there is in this entry—I do not think it contains more, generally speaking—the entry would be a copy of the judgment-paper—it is copied from it—in the body of the judgment-paper they do not always have the name of the town attorney, therefore we take the name of the attorney who signs the judgment—when final judgment issues we should give a number—we want that on the judgment-paper—we do not care about its being on the roll—the number-roll is asked for, and the num ber is placed on the judgment-paper—we have a docket-roll, and the attorney would ask for a number-roll, I write his name over the number, and he takes the judgment-paper—every term we have a docket commencing with No. 1, and going up as high as 5000, that enables me to get at these records afterwards—to the best of my knowledge executions are issued in ten cases out of twelve without the judgment-roll being filed—I believe, in order to procure execution, it is requisite to produce the judgment-paper, but I do not belong to that office—it is not necessary to produce my book to get exe cution.

COURT . Q. Because you have already stamped the judgment-paper? A. Yes.

MR. PRENDERGAST . Q. The judgment-roll, in the first place, has the seal of the Court of Queen's Bench on it before it is written on? A. Yes, before it is completed—judgment-rolls are sold by a particular stationer named Dun-combe—I believe he is appointed to sell them, in order that they may be all of one size—he sells them to different stationers—I should not stamp them unless I saw his mark on them at the time, which is, "Delivered by Dun-combe," or something to that effect—I do not recollect exactly, but I know it so well, seeing the name of the gentleman, it is so constantly under my eye—the Exchequer-rolls are very much larger, and have "Exchequer-office" on the top.

MR. CLARKSON . Q. Did you produce this book the other day in the Queen's Bench? A. Yes—here was an objection made to it.

COURT . Q. What is the name of the office in which you are concerned! A. The Judgment-office, and this book is called the Judgment-book—we are appointed under the masters of the Court of Queen's Bench.

Q. What is the act done which is called the signing judgment? A. The production of the judgment-paper and the judgment-roll, our entry is that book, the writing on the judgment-paper, the stamping, and taking it away, and that is considered "judgment signed."

MR. CLARKSON . Q. You are asked what is the act of signing judgment! A. Why, the entering in this book.

COURT . Q. After the production of the judgment-roll and paper? A. Yes, which are severally stamped by the office seal of the judgment-office—this judgment was signed on the 27th of August, I think—the entry is, "London, John Watts, against James Wittenbury, for 8 l .—35 s .—set aside by J. O.," which means "Judge's order," "dated the 16th of September"—then there is the number of the roll, the attorney's name, and the fee, 7 s .

MR. CLARKSON . Q. Is this proceeding at your office, on the authority of the judgment-paper and roll, what is in the profession termed the act of signing the judgment? A. Yes, the whole proceeding.

MR. PRENDERGAST . Q. How is the record made up? A. I do not know, that is not my office—it is not made up from the roll—they take it from some form—that would not be on the judgment-paper—it would be co pied from some books.

COURT . Q. To whom are the judgment-roll and papers delivered, after

this entry is made in your book? A. To the plaintiff's attorney immedi ately, to the party signing the judgment—the judgment-paper is prepared by the party signing judgment—it is prepared on the part of the plaintiff—it is returned to the plaintiff's attorney to enable him by that voucher to show to the Seal-office that judgment has been signed in my book—the master marks the costs in the judgment-paper, and that is the authority to the sealer—the signing judgment is the entry in my book—the judgment-paper is returned to the party signing judgment—they would require it to issue execution—it is my certificate that judgment is signed in my book.

SAMUEL GIBBS . I am clerk to Mr. Justice Cresswell. I produce an ori ginal order of the Chief Justice of the Queen's Bench, ordered by Mr. Jus tice Cresswell to be impounded.

MR. PRENDERGAST . Q. Were you present when it was signed by Lord Denman? A. No.

MR. CLARKSON . Q. Did Mr. Justice Cresswell hear the summons for setting aside this order? A. Yes—I also produce the summons purporting to be issued by Mr. Justice Patteson—that was heard before Mr. Justice Cresss well—this order of Lord Denman's bears Mr. Justice Cresswell's endorsement, "to be impounded C.C," which means "Cresswell, Cresswell"—the endorse ment on this order, "Order, Judgment set aside with costs, C.C." is also his.

Q. Then it appears that Mr. Justice Cresswell heard the summons, because he has made an order on it? A. Yes, and there is a previous endorsement "adjourned for a month"—the last on which I acted was this "Order, Judg ment set aside with costs, C.C."—it was on that the order to impound was made—this is the original order of Mr. Justice Cresswell—it is the order that followed the hearing of the summons—it is my own handwriting—[ This was dated , 16 th of Sept. , 1842, on hearing the counsel for the plaintiff, and the attorney or agent for the defendant, and on reading the affidavits of Witten bury, Egan, Watts, Williams, Simmers and James, ordering the judgment to be set aside with costs; also, the writ of ca. sa., issued upon the said judg ment, and directing that the Sheriff of Kent should pay back to the defen dant the sum of 12 l . 11 s . levied by virtue of the said writ. ]

Cross-examined. Q. Were you present when the summons was heard before Mr. Justice Cresswell? A. I was not—Mr. Coleman was—the order was brought out immediately to me, and put into my hands.

JOSEPH FREDERICK COLEMAN . I am clerk to Mr. Justice Cresswell. I was present on his lordship directing that order to be made—I was present when this case was heard, on the summons of Mr. Justice Patteson—I was not present the whole time—I was in and out of the room—the endorsement by Mr. Justice Cresswell on Lord Denman's order, "to be impounded," was written in my presence, given to me by his lordship, and carried by me to Mr. Gibbs directly, upon which he drew up the order which I produce.

JAMES CURRIE . I am one of the clerks of Lord Denman. This is an original order of his—I drew it up—I cannot say whether I delivered it out—the 26th of Aug. was in vacation time—Lord Denman would not be at chambers then—the clerks stay till about three o'clock, not later—sometimes we keep the orders by consent, not always—I should say we have not kept any by consent in this case—I have made due search, and have found none—there must have been some consent in writing produced to me, purporting to be the defendant's consent—such an order as this would not be granted by any representation exparte.

Cross-examined by MR. PRENDERGAST . Q. Did you fill up this order? A. I did—it was not, actually signed by Lord Denman—it is a seal—it is sanctioned by his lordship—Lord Denman authorised this—I am not pre pared

to say how he authorized it—I am not his private clerk, and never have communication with him—Lord Denman was not in town at the time—the order is my writing.

Q. Just see whether that "3 l . agreed" is your handwriting or not? A. I should say not, now I look at it—I drew the order, but I do not think I put in these words—I should not like to swear it—I do not believe the word "agreed," to be my writing.

COURT . Q. What are the words you doubt about? A. "3 l ." in figures and the word "agreed"—the following words "together with costs" are in print—I believe the 3 l . is not my handwriting, but I could not swear it—I speak more particularly to the word "agreed"—it appears to me to be a dif ferent ink, thicker, and darker—the "g" is rather of a peculiar form—that is the reason why I doubt it to be my writing—I should say it was not.

MR. PRENDERGAST . Q. Lord Denman was not present, nor knew any thing at all about this proceeding? A. Certainly not—he never was cogni sant of it—he is very seldom at chambers—it is not customary for him to draw up orders, and sign them in the presence of parties by consent—I never understood that it was necessary that the Judge should be present at the time of signing the summons, or by consent—he sometimes signs consent orders in blank—orders of this description are not signed by his lordship—he does not personally attend to any such order as this—his lordship was not ac quainted with the fact at all, not being at chambers.

MR. CLARKSON . Q. Does this bear the impression of my Lord's stamp, kept at chambers for the purpose of stamping orders of this description? A. Yes—it has been duly issued out of his chambers by me.

COURT . Q. Have you authority to issue such an order bearing his stamp, without consulting him on the merits of the application? A. I have always given them as a matter of course—I have no communication with his lordship personally—I always understood I was acting on sufficient authority, when I gave orders on these forms—I am not the principal clerk.

MR. CLARKSON . Q. You do not seem to be quite sure whether this word "agreed" was written by you? A. I am not sure—I believe it has been added by somebody since—I should not like to swear it.

Q. And the striking out of the words "taxed and," do you believe that to be your striking out? A. If I inserted the figures "3 l ." I should have struck those words out—it would then have stood "with 3 l . costs to be paid" instead of "taxed, and to be paid"—I rather think the 3 l . is my writing, but the word "agreed" has been introduced by somebody else—I draw up per haps forty or fifty orders by consent at chambers in the course of a week—they are all drawn up in the same way, stamped in the same form, quite ir respective of the fact, whether my lord happened to be in chambers or not—I am authorized to swear affidavits—I am a commissioner, and administer an oath.

COURT . Q. Look at that again, and say, from the knowledge of your own handwriting, whether you have now any doubt whether that word, "agreed," was written by you? A. I have a doubt as to the word "agreed," but I should not like to swear it—it is not the usual character of my handwriting—I should not suffer any one else to introduce writing into orders drawn up by me—I should not like to say that the word was introduced since the order was issued, but yet I have a doubt—I should not like to say positively—on look ing at it more closely, I believe that the figures "3 l ." are mine—I have a doubt as to the word "agreed"—I am not positive—I do not know that I should have entertained a doubt had not my attention been drawn to it—these orders are printed forms, leaving a portion in blank to be filled up—it is the

only form of order we have for this purpose—these are what we call orders to stay on payment of debt and costs—that is not the only order we issue, we have many others.

Q. Do you issue any order except an order that purports to proceed on consent of the parties, without consulting the Lord Chief Justice? A. Yes, on affidavit of service and non-attendance—they are orders which are deemed matters of course, on certain forms being complied with—we keep printed forms for such purposes, with Lord Denman's signature attached, by a stamp, which is a fac-simile of his handwriting.

Q. The chambers of the Lord Chief Justice are considered as an office, and on complying with certain forms, such orders would be issued? A. Yes—I have known orders of this description to be issued from his lordship's cham bers, as a matter of course, for five or six years, and orders generally for ten years, within my own knowledge—I cannot say how long we have issued these orders—I have always understood that the signature was stamped upon them by his lordship's approbation, and that I was acting under his autho rity in issuing them, or I should not have given them—I think this form of order has been placed in my control about five or six years—Mr. Thorn ton, his lordship's private clerk, gave me the orders for the purpose of being issued from time to time.

MR. CLARKSON . Q. If his lordship were at chambers, and the parties before him, would an order of his, by consent, be drawn up on a paper bearing his stamped signature? A. I should have done so, and have done so when his lordship has been at chambers—such orders as these are never granted but by consent—I do not know the date of the Act legalising these orders—[ This order was dated the 26 th of August , 1842, and stated that, upon hearing the attornies and agents on both sides, and by consent, upon payment of 5 l . due from the plaintiff to the defendant, together with 3 l . agreed costs, all further proceedings should be stayed, and that in default, the plaintiff should be at liberty to sign final judgment, with costs. ]

THOMAS BARLOW . I am first clerk in the Judgment-office—the act of signing judgment consists of copying the venue, the plaintiff's and defendant's names, the sum judgment is signed for, the costs, if there are any, at the time, and the attorney's name who signs the judgment, who is the plaintiff's attorney—it is copied into this book, which is called the day-book of the office of the judgments, and other entries—it is generally called the judg ment-book—I signed the judgment in the cause of Watts against Wittenbury—I afterwards struck it out, by virtue of a Judge's order—this is as it origi nally stood, "London. John Watts against James Wittenbury, for 8 l . debt, and 35 s . costs. Judgment on promises pursuant to order"—London is the venue—Watts and Wittenbury are the plaintiff's and defendant's names—it is signed by S. H. Williams, on the 27th August, 1842—I struck out the words, "pursuant to order"—that was entered by authority of a Judge's order—we do not copy the Judge's name—the words I wrote before I struck them out, are "J. T. a.," that is for "assumpsit," either on promises or the case; "p.," for "pursuant;" "t. o.," for "to order"—that imports that the plaintiff's attorney brought a Judge's order at the time—the judgment was signed on the responsibility of the plaintiff's attorney—all judgments are signed on the responsibility of the plaintiff's attorney—I have since then struck out the whole of that with my own hands, because they gave me the order to look at, and the order said it should be struck out—I have no doubt this is the order on which I struck out that judgment—we took possession of the order, and filed it in the office—I did not put any mark on it when I exe cuted

it—we kept the original—perhaps the plaintiff's attorney may have bor rowed it, with an undertaking to return it, to tax costs.

Cross-examined by MR. PRENDERGAST . Q. You filed the order, whatever it was? A. I did—I have no doubt that we took possession of it at the time—we put them into a pigeon-hole, and when the pigeon-hole is full we file them—that order would be got from my custody on the plaintiff's attorney applying for it, and giving an undertaking to return it—I cannot say whether or not that order is in our office now—I heard that the clerk was subpœnaed to bring the order with him, and I left it to him—he told me that they wanted the book, but said nothing about the order—I do not know that the order has ever left the office.

COURT . Q. Did you, or not, strike out this judgment by some Judge's order? A. Yes—I should not have done it without an order was pro duced.

MR. PRENDERGAST . Q. How can you tell it was a Judge's order? A. Because I read it before I struck the judgment out—signing the judgment consists in the person's bringing a roll and a judgment-paper—this is a Queen's Bench roll—it is stamped by the stationer—he delivers them by order of the Court of Queen's Bench—it is stamped and delivered by William Duncombe, stationer, Lincoln's-Inn—I make my entry in the book from the judgment paper—the judgment-paper has the damages that judgment is signed for on it—it is longer than the roll in that respect—the damages could not be on the judgment-roll without they completed the roll—it could not go so far as that—this is an incipitor on it—it contains the venue, the plaintiffs and defendant's names, and the nature of the action—there is the same in the judgment-paper, with the addition of the damages—there is every thing on the judgment-paper that there is in my book—my book is copied from it—my book does not con tain anything of the pleadings, nor does the judgment-paper—the judgment-paper contains the venue, the plaintiff's and defendant's names, the nature of the action, and the damages—after making the entry, I put the seal to the judgment-paper—that is the last thing I do, except taking the money—I put down the number of the roll—the judgment-roll is afterwards made up, and goes into the Treasury.

COURT . Q. How long have you been in the Judgment-office? A. Thirty years—I have always considered that the entry which I make is what is termed in the profession, signing judgment.

MR. GIBBS re-examined. I produce an original affidavit, which wm depo sited with me, and has been filed with me ever since.

MR. COLEMAN re-examined. I swore the party who made this affidavit—I cannot undertake to swear it was the prisoner—the affidavit must have been used, or Mr. Gibbs would not have had the custody of it.

JOSHUA MORRIS . I know the prisoner, and know his handwriting—I believe the signature to this affidavit to be his handwriting.

Cross-examined by MR. PAYNE . Q. How often have you seen him write! A. I saw him write this paper—( producing one )—that is not the only thing I saw him write—I have seen him write perhaps two or three times—I com pared this signature with this paper, and, on comparing them together, I be lieve it to be his handwriting—I have no doubt in the world of it—I have acquired a knowledge of his handwriting by seeing him write that.

MR. CLARKSON . Q. By seeing him write two or three times, do you mean you have seen him write different things, or seen him write his name? A. Different things—I have seen him write his name—I have known him three or four years—I have seen him write from time to time—without

any comparison, I have acquired a knowledge of his handwriting so as to enable me to speak to my belief of it—I have no doubt at all of this being his signa ture—I believe the body and all of it to be his handwriting.

Affidavit read. —"In the Queen's Bench, between John Watts, plaintiff, and John Wittenbury, defendant.—Henry Simmons, of No. 5, Charlotte-place, Woolwich, in the county of Kent, managing clerk to Mr. Samuel Hanson Williams, of the same place, attorney for the above-named plaintiff in this cause, maketh oath and saith, that on the 26th of August last, the defendant, who the deponent is well acquainted with, called at the office of deponent's employer, situate as aforesaid, accompanied by a person of the name of James, who stated that they had been to London, and taken out a summons to stay tod pay; that the said defendant agreed to pay in this action the sum of 3 l . for costs of the said action, which the deponent endorsed on the summons; that the defendant then said, 'We will go up, Mr. James, to London, and draw up the order, and come down again and serve it, as the money must be paid this evening;' that, in consequence of the defendant not having paid the amount, he, the deponent, did, on the 27th of August last, sign judgment on such order, and duly entered an appearance in the proper office of this honourable Court, &c. &c. &c."

JAMES M'MILLAN . I attend from the office of the sheriff of Kent. I produce a testatum ad satisfaciendum —it was filed at the sheriffs' office—it was given to me in the sheriffs' office, by the prisoner, on the 27th of August, 1842—I made out a warrant on that writ, to Joshua Morris, the officer—( read. )

JOSHUA MORRIS re-examined. I produce the warrant that I received, to execute on this writ—I took Mr. Wittenbury in execution on the 29th of August—I was present at the hearing of the summons before Mr. Justice Cresswell, and saw the prisoner there—I received from Mr. Wittenbury, on his being taken, 12 l . 11 s .—I gave him this receipt for it—after the hearing before the Judge, in pursuance of his lordship's order, I returned back that sum to Mr. Rivolta, Mr. Wittenbury's attorney.

Cross-examined by MR. PRENDERGAST . Q. Where did you arrest Mr. Wittenbury? A. In his own house, at Blackheath-hill—I did not see the prisoner at that time—I saw him on the day the writ was brought into the office.

JOHN BAILEY . I am clerk to Mr. Justice Patteson. The summons pro duced by Mr. Gibbs is an original summons issued from Mr. Justice Patte son's chambers, by his authority—it is signed by me.

Cross-examined by MR. PRENDERGAST . Q. Are you the gentleman that swore to Mr. Justice Patteson's writing in the Queen's Bench lately? A. Yes—I know this to be my handwriting—I do not know whether I made a mistake the other day about Mr. Justice Patteson's handwriting—the Judge said it was his writing, and I said it was not—he had some doubts about it—I was not present at the time—I saw by the newspapers that the thing I said was not his handwriting he said was—the Judge did not tell me it was his handwriting—the Judge's signature here is my handwriting—it purports to be the Judge's signature, but it is my writing—it was written by his authority—I never knew a Judge sign a summons—I am authorized to do so—it is the practice of the chambers—I consider I have authority to do so—I have done so many years.

[ The summons was dated the 5 th of September , 1842, calling on the plaintiff's attorney, or agent, to attend the chambers of Mr. Justice Patteson, to show cause why the judgment should not be set aside, having been fraudulently obtained, without consent of the defendant, his attorney, or agent; also the writ of ca sa

issued on such judgment, why the sheriff of Kent should not pay back the sum of 12 l . 11 s . levied by him on such writ, and why the plaintiff should not repay the same. ]

MR. COLEMAN re-examined. This is the summons on which the cause was heard before Mr. Justice Cresswell.

MR. GIBBS re-examined. This is the summons on which I drew up the order—it has been in my custody ever since.

JAMES CALEB WITTENBURY . I am a builder, and live at Blackheath, In August last I knew a person of the name of Watts—I had dealings with him for a horse—I think I was to pay 16 l . for it—I reserved 5 l . of it in order to see whether the horse was free from vice—I found him not free from vice, and did not pay the 5 l .—I was served with a copy of a writ of summon on the 16th of August last, by a person with one arm, named Munyard—I went to my solicitors, Messrs. Forsyth and Rivolta, of Jewin-street, next morning—I learned from them what is the practice of the Court on proceeding in vacation—I left the writ with them—on Monday, the 29th of August, I was taken in execution by Morris—I was not aware of any step having been taken in the action between the time of my receiving this service and being taken in execution—I saw the prisoner at Mr. Justice Cresswell's chambers, on hear ing of the summons to set aside these proceedings—I never saw him before to my knowledge—I never called at the office of Mr. Samuel Hanson Wil liams, an attorney, at 5, Charlotte-place, Woolwich, accompanied by a person named James—I never was at that place in my life, with or without any person—I do not know where it is.

Q. Did James ever state, or did you in his presence, that you and he had been to London, and taken out a summons, to stay and pay forthwith? A. I never saw James in my life, till I saw him at this dock when he was tried—I never used those words, or did James, in my presence, in Williams's office—I never authorised a person named James, or any one else, to call on Mr. Williams on my account, in this action—I never stated to Williams that I had been to London, and taken out any summons of any kind whatever—I never saw Williams in my life to my knowledge—I never offered to pay Williams 3 l ., or any other sum, for costs in the action.

COURT . Q. The transaction never occurred? A. Never.

MR. CLARKSON . Q. Did you ever say to Williams, or authorise James, or anybody else, to say to Williams, "We will go up, Mr. James, to London, and draw up the order, and come down again, and serve it; the money must be paid this evening?" A. Never—I never saw Williams or James on the subject of any summons of any kind whatever, or touching the payment of any sum of money—I never heard a breath of these proceedings till I was taken in execution by Morris—I afterwards appeared before the Judge on a summons, and after the summons had been heard, I recovered back the 12 l . 11 s .—the man James made an affidavit—I indicted him, and he was tried and convicted here, on the 12th of December—I have been for some time engaged in building a pump-room and other buildings for Mr. Forsyth, at Hockley, in Essex—on Wednesday night, the 24th of August last, I slept at Mr. Parr's, at the White Hart, at Hawkwell, which is close to Hockley—on Thursday, the 25th, I had occasion to purchase some cement at Lea, in Essex, and I slept that night at the White Hart, at Hawkwell—on Friday morning, the 26th, I breakfasted with Mr. Parr, at his house, and then went with him, in his own cart, to Chelmsford, being market-day—I staid there till half-past four o'clock, and came up by coach to Brentwood, and then came by the railway to London—I got to London about half-past six—I was

not in London that day until half-past six—I was with Mr. Parr, and we never parted company until half-past four.

Cross-examined by MR. PRENDERGAST . Q. What have you done with this horse? A. Sold it at Dixon's—I got but a trifle for it—I supposed the action was brought against me for the 5 l .—I paid the 5 l . and costs when I was taken in execution by Morris.

Q. Have you not, since the proceedings have been set aside, paid the debt and costs of the action? A. I have not myself—I cannot be answerable for what my solicitor does—my solicitors had full instruction to do just as they pleased with the case—my solicitor said it would be best to pay the thing, rather than risk an action—I told him to do as he pleased—I thought it was better to pay, whatever it was, than to pay more—it has been settled in that way, for any thing I know—I cannot tell how much was paid—my solicitor told me it was 5 l .—he thought I had got into bad hands, and I had better pay it than lose more—that I had got into the hands of a gang of swindlers—I said, well, I thought I had better pay it—Mr. Forsyth it my solicitor—I had a great deal of business in his hands—I do not settle with him above once a year, perhaps—he has the management of ray property, and if I say do this or that, I do not know the exact sum for the end of a month or so, he does it, and when he brings in his bill, I pay it—I cannot tell what the amount of the costs was—I have not paid my lawyer yet—he did not tell me I had better pay the 5 l . and coats, he said I had better pay the 5 l .—I am positive he did not say the costs—he did not tell me the amount of the costs—I told him it would be the best way to settle it, as I had got into bad hands.

MR. CLARKSON . Q. Did you learn from your solicitor, that after that, Watts had paid back the money for the second time? A. I did.

STEPHEN PARR . I kept the White Hart, at Hawkwell, in Aug. last, and know Mr. Wittenbury—he was engaged on some works at Hockley in Aug.—on Wednesday night, the 24th of Aug., he slept at my house; and also on Thursday night, the 25th—he breakfasted with me next morning, and we went together to Chelmsford market, in my horse and cart—I drove—he dined with me at Chelmsford—I parted with him, to the best of my knowledge, from a quarter to half-past four o'clock, and he went by a coach from Chelmsford—I accompanied him to the coach.

Cross-examined by MR. PAYNE . Q. What makes you know that this was Friday, the 26th of Aug.? A. Because I did business on that day—Mr. Wittenbury frequently came down on his business—I believe there is a mar ket at Chelmsford every Friday—I never was at Chelmsford only on a Friday—I keep an account of my own private business at the market—I do not make a memorandum of where 1 go on particular days—I bought some sheep at the market—I have frequently bought sheep before—I know this was the 26th of Aug., because I particularly know that Mr. Wittenbury was with me when I bought this stock; and some time in Sept. when Mr. Wittenbury was at my house he rang the parlour bell, I went in, and, without telling me that there was any thing amiss, he said to me, "Do you know what day you drove me to Chelmsford market?"—I said I could tell if he would allow me five minutes to look at my market-book—I went and looked at it, went back to him, and said, "On the 26th of Aug., Sir"—I have that book here—( producing it )—from looking at that book I am satisfied it was the 26th of Aug., because Mr. Wittenbury was with me when I made the purchase—I remember that per fectly well.

COURT to JOSHUA MORRIS . Q. Do you know the name of Samuel Hanson Williams, of Woolwich? A. No—no such person lived at No. 5, Charlotte-

place—a man named John Munyard lives there, and I never knew of any other person living there—I think I should have known if Williams had lived there.

MR. PRENDERGAST . Q. You know a person of the name of Williams carries on business there? A. No, I do not, indeed; but I know of his having had not only this, but other warrants, endorsed with the same name, at the same place.

MR. PRENDERGAST . called

THOMAS HAWKER . I am a tailor and woollen-draper, and live at No. 11, Bell-yard, Temple-bar. I have known the prisoner three or four years—I employed him, when I lived in Blackfriars-road, to collect a deal of money for me, at times—he was a person of good moral character; and, as regards speaking the truth, I always found him to be a truth-speaking, honest man—he never deceived me in any way.

COURT . Q. Where did you know him to live? A. believe he lodged up by Clerkenwell—I cannot say where he was living on the 26th of Aug.—he did not collect my debts then—I know Samuel Hanson Williams, and I knew his father for years, at Cheltenham, before I set up in business—he was a most respectable builder—Idid not know Williams at Woolwich—he is an attorney—I knew him when he lived in Blackfriars-road—I did a deal of work for him at No. 205, Blackfriars-road, not at Woolwich.

MR. PRENDERGAST . Q. Do you know that he had a place of business at Woolwich lately? A. I have heard so, I cannot say—I have not seen him for three or four months—I suppose he is gone out of the way—I do not know what he is now, but he was a most respectable young man, and his friends most respectable—I have known him fifteen or twenty years—I knew him when he was a boy—I knew him when he was a householder.

GUILTY . Aged 32.— Confined Three Months and Transported for Seven Years .

OLD COURT .— Tuesday, January 31 st , 1843.

Second Jury, before Mr. Recorder.

590. JOHN PINCH was indicted for wilful and corrupt perjury.

NOT GUILTY .

OLD COURT .— Wednesday, February 1 st , 1843.

Third Jury, before Edward Bullock, Esq.

591. SARAH FLOWERDAY was indicted for feloniously and know ingly uttering, on the 17th of Jan ., a forged acquittance and receipt for 25 s .; also, for uttering, on the 1st of March , a forged receipt for 1 l . 5 s .; also, on the 3rd of May , a forged receipt for 1 l . 5 s .; with intent to defraud Charles Perrott and others; to all of which she pleaded

GUILTY . Aged 24.— Confined Two Years .

(Thomas Cadd, oilman, of Chiswell-street; William Larter, cow-keeper, Ropemaker-street; George Duplex, Ropemaker-street; and John Edward Green, Lower Whitecross-street, gave the prisoner a good character.)

592. JAMES ANNISON was indicted for stealing 3lbs. weight of bacon, value 2 s ., the goods of William Westcott ; to which he pleaded

GUILTY . Aged 12.— Confined Seven Days .

593. ELLEN ELLBURN was indicted for stealing, on the 5th of Jan .,1 pair of stockings, value 1 s . 6 d .; 1 handkerchief, 1 s .; 1/2 pint of wine, 9 d .; 12 half-crowns, and 10 s .; the property of Rice Giles Higgins , her master.

RICE GILES HIGGINS . I am a schoolmaster, and live in Newcastle-street, Strand. On the morning of the 5th of Jan. I placed a bag, containing 30 l . in silver, in a drawer in my escrutoire, which was not locked—at twelve o'clock in the day I found 2 l . gone—the bag was in the same place—it was all done up in 20 s . parcels, in half-crowns and shillings—I had suspicion, and re quested my wife to search the prisoner, who was our servant—she refused to be searched—I sent for a policeman, and saw him take a purse of money from her, which she said was sent to her by her husband—she was taken to the sta tion, and these twelve half-crowns and thirteen shillings, some wine, a pair of stockings, and pocket-handkerchief, were produced—I know the stockings and handkerchief to belong to my wife—they have her mark on them—I cannot swear to the wine—she had been about three weeks in my service.

Prisoner. I received 8 s . at a ball, and 5 s . at a party which they gave. Witness. She lived with me once before for fifteen months—I have lodgers.

HENRY SILVERSTER . I lodge at this house—I saw the prisoner between ten and eleven o'clock, on the morning of the 6th of Jan.—she said she was in great distress, and was going to leave, she had not a shilling in the world, and supposed she must starve—she did not know where to go—I left the room, requesting my wife to give her what she thought proper.

Prisoner. What I said was, a shilling would be of consequence to me; I expected half-a-crown from him.

DOMINIC CARR . I am a policeman. On the 6th of Jan., about half-past eleven o'clock in the morning, I was called to the prosecutor's, and the pri soner was given in charge—she seemed reluctant to be searched—when she found I was taking her to the station, she gave me from her bosom a purse containing twelve half-crowns, and 13 s .—she said she had received them from her husband by a letter—I asked where the letter was—she said a brick layer had it, and she did not know who he was—these other things were found in her pocket.

HANNAH ROWELL . I live at the police station. I searched the prisoner on the 6th of Jan., and found a bottle of wine, a purse, and handkerchief in her pocket—she said she took the stockings by mistake out of the wash.

Prisoner. The money was missed more than a week before Christmas; every body in the house was sorry; I received 30 s . from my husband, but thought I bad better not tell my mistress.

GUILTY . Aged 26.— Confined Four Months .

Before Mr. Justice Williams.

594. WILLIAM BAILEY was indicted for feloniously forging, on the 9th of Sept ., at St. Margaret, Westminster , a certain promissory note for the pay ment of 2,875 l ., with intent to defraud Robert Smith , since deceased.—2nd COUNT , stating his intent to be to defraud James Smith .—3rd COUNT , for uttering the same, knowing it to be forged, with intent to defraud the said James Smith .—4th and 5th Counts, stating his intent to be to defraud James Smith and others.—6th COUNT , for uttering the same, with intent to defraud the said Robert Smith , since deceased.—6 other COUNT , setting out the instrument.

MESSRS. HUMFREY, CHAMBERS , and BALLANTINE Conducted the Prosecution.

ROBERT BENJAMIN WHEATLEY . I am deputy associate of the Lord Chief Justice of the Court of Common Pleas. I was present at the sittings after Trinity Term during part of the trial of the cause "Bailey against Smith," upon a promissory note for the sum of 2,875 l .—it lasted two days—after

the trial certain documents were impounded, and placed in my hands—I have them here—I produce a promissory note marked A, for 2,875 l . a receipt marked B, an "I O U," marked C, a letter marked D, and a book marked E, indorsed "Private cash account"—I was present part of the time that the prisoner Dr. Bailey was examined.

ROBERT HOOPER TOLCHER . I am a short-hand writer. I attended the trial of "Bailey against Smith," on the 8th and 9th of July last, in the Court of Common Pleas—I took short-hand notes of the whole of the trial—the prisoner was examined as a witness—I recollect several documents being handed to him while being examined—one was a promissory note—I took down the evidence he gave respecting that promissory note—I afterwards wrote it out—this is a correct transcript of my notes.

Portions of the evidence given by the prisoner were here read, of which the following is a narrative :—"I am a clergyman of the Established Church, and a graduate of Trinity College, Dublin. I am officiating at present at St. Peter's, Queen-square, Westminster—I have had that church three years last Oct.—I am licensed by the Bishop of London to serve that church—I am the brother of the plaintiff Miss Bailey—my father lived at Belfast—he died in June, 1841—I had been acquainted with Robert Smith the intestate nearly for the last ten years—my father gave me a letter of introduction to him when I first came to London—some money transactions took place between us—this memorandum will prove when—there were none before that—yes, there was one item that occurred be tween him and me—he gave me 60 l .—he lent me 60 l . in 1832—it was repaid by my father—I first saw Mr. Robert Smith relating to my sister's money shortly after I came to London, in 1808—I was away from London prior to 1838—I was at Tun bridge Wells several years—I had communication with him as to my sister's property, not in Tunbridge Wells, after I came to London in 1838—I was absent on several occasions between 1832 and 1838, at Tunbridge Wells principally—in the year 1838, I was directed both by my sister and father, to make inquiries as to an investment for her, principally by my sister—I mentioned to Mr. Smith that my sister intended to come to London to reside here, and that she had several monies she wished to have invested in town, and wished to have his advice as to the best mode of investing them, especially in reference to government securities—he replied, 'that he himself would be her banker, as my sister and her father knew his opulence, and his wealth, and his safety'—that is what be said, and he would give her more for the monies than government—he recommended at the same time that a rent charge should be purchased for her on some property in London, and he pro mised to look out carefully for a suitable rent-charge, and such monies as she deposited in his hands would be immediately forthcoming when such a rent charge was found—I communicated the matter to my sister—she assented to the proposal, and the monies were then almost immediately forthcoming, and shortly, very shortly afterwards, the monies came gradually—I paid monies to him from her—an account was kept of that, both by myself and Mr. Robert Smith—this is the account book I had—in 1838, Nov. 5th, 550 l . was advanced—1839, Aug. 1st, 450 l .—1840, June 1st, 1200 l .—1841, Jan. 10th, 500 l ., and on Aug. 12th, 1841, 175 l .—the 175 l . was the last, that consisted of a small sum of money I paid into his hands, and a further sum as interest which he paid me, and which I refunded to him—32 l . 7 s . 2 d . was cash, and 142 l . 12 s . 10 d . the interest—that I paid back to him to be considered as principal—that makes up a sum of 2,875 l . altogether—( looking at the 'I O U,' ) the morning this was executed, I saw Mr. Smith at my own house—it was the 12th of Aug. 1841—that was the day I paid the 175 l .—we had

a settlement, according to this memorandum book—he signed the settlement—he kept a book—I am aware that corresponding entries were made in his book—I saw them, and his book is similarly signed—when this settlement took place he said my sister should hare a security—he said he would give my sister a written security—he expressed himself as being in a hurry then, but said, as there was service in chapel on that evening, he would bring it to me there ready—I attended the chapel on that day, and saw Smith—it was Thursday, the 12th of Aug.—I saw him in my vestry—he came into the vestry, and gave me this, saying, that he had written an acknowledgment for my sister's money—being disappointed as to the nature of the security, I made some objection to it, to the omission of the interest at 4 per cent. as arranged that morning, and I think I also mentioned I expected there would have been a bond—he then expressed some anger at any doubt being cast upon him—this is not on a stamp—I think I also mentioned that there was no stamp—it all occurred in five minutes' time, before the service, conse quently it was hurried—he also added that from my personal knowledge of the whole transaction, no written security was necessary—he said it would give validity to it if the gentleman, the clergyman who was present, and myself would put our names to it—that was Mr. Nickson—Mr. Nickson was there on duty—he preached for me that evening—he attested it at Mr. Smith's request—we both attached our names—these are our signatures—this is his, and this is mine—( pointing to them )—I saw Mr. Robert Smith two or three times after that—the first time, as a friend in London advised me them I urged upon him to give a bond—that was in about a week or a few days after—I personally saw him—he did not seem to like my request for the bond—he would not give a direct negative—he said be would give, as he had done before, a promissory note, and he gave me this, the note in question—he brought the stamp, without any writing upon it, to my house, on the morning of the 9th of Sept.—at his request I wrote the promissory note, and the lat er passage at his own dictation—the latter passage is 'with 4 per cent. in terest thereon from the above-mentioned date, for value received by me in cash advanced by her on loan to me at different periods, as by settlement this day'—I wrote those words at his dictation—he signed it in my presence—I asked him to have some other person present to sign it—he said he did not wish to divulge his affairs to the world, and at his request I signed my name as a witness—a small balance of interest was paid then—the arrears of in terest that was due on this 'I O U'—I have a memorandum of the sum—it was 8 l . 9 s . 6 d . I again spoke to him about the bond—he said he would give a letter by which he would bind himself to give it if required—he was again in a hurry, but said if I would write him a letter giving him instructions what to write he would certainly sign it—I wrote a letter, this is it—it is entirely according to Mr. Smith's instructions—I wrote a letter for him, and sent it by the penny or twopenny post, saying on the fly leaf, that I had an engagement in that district in that part that evening, and I would call on him about seven o'clock—in the course of the evening I did call—he handed it to me at his door ready signed—I adverted to a mortgage, but he said he would sooner throw up my sister's money altogether than be annoyed with mort gages Mr. Robert Smith was not often in the habit of attending my chapel—he did occasionally—he was not a stated member of my congregation—I do not know the very day he died, it was some time in Sept—Mr. Nickson is dead—he died about the same period of time, I cannot say to a day, I think the latter end of Sept., or the commencement of Oct.—there is the attestation.

Cross-examination by SIR THOMAS WILDE . Q. Do I understand you, Sir, that this is the handwriting of Mr. Smith, besides the signature in this book,

or is it the signature only? A. Only the signature—there is no part of this note the handwriting of Mr. Smith, except the signature—the substance of this 'I O U,' the signature, and the amount, all except the attestation and "We, the undermentioned," is his handwriting—the whole of the upper part is his handwriting—no part below that where I have doubled down, is his writing—the body of this 'I O U' is Mr. Smith's writing, that is, he brought it to me as his writing—that at the bottom is my own and Mr. Nickson's writing—the letter dated the '9th of Sept.,' is all my handwriting, except the signature—I sent it by the post, and he gave it to me at his door—he had taken the post-mark off, the fly-leaf, himself—he gave it me so—I took my doctor's diploma in the July of last year—I have known Mr. Smith about ten years—I was not very often at his house—he was chiefly at mine—he was several times, very often, at my house—I said I came to live in London in October, but I remember it was rather earlier than that—in the preceding month, in Sept. 1838—Mr. Smith kept no front shop, no outward shop in the street, no external shop—he lived at No. 12, Great St. Andrew-street, Seven-dials—in appearance he was rather taller than myself—his hair nearly white, rather bald, emaciated, and thin—I should say he was exceedingly mean in his appearance and dress—I should say he certainly was not gentleman-like in his dress—I should say he was rather mean—I cannot remember any person who ever saw me at his house besides me and my sisters—my servants have seen him at my house—I cannot mention many of their names, because there are not many, but there is one Caroline Laxton, she has been in my service, and has returned to it again—she was in my service about a year, or better than a year ago—she came about a year and a half ago—she remained a few months—I cannot say exactly, perhaps six months, as nearly as I can speak to it—she is now with us—she returned, I think, about three months ago—since this cause has been in existence—I have understood she is here—I do not know from whom I got her character—I do not know those mat ters myself—it is Mrs. Bailey attends to them—I have no doubt some com petent person, but I do not know—I do not know where she lived during the interval of her absence—I remember she lived with a barrister, I forget his name—my acquaintance is not so extensive with barristers, that I forget his name—he lives in one of the squares—I never saw him—you asked me where this person bad lived, I beard from Mrs. Bailey, that she lived in a barris ter's family—there is another person who saw us in company, Mrs. Grey, a surgeon's lady, who lives in the Borough, I do not know what part exactly, I think it is Henry-street—I do not know where—I know her, she at tends my chapel occasionally—she saw Mr. Smith in the vestry of my chapel, and she saw him at my chapel, generally, I believe—she has told me so some months ago—I understood her to say she knew him to speak to him—she knew who he was—she told me that some months ago—I did not make inquiry of her if she knew Mr. Smith—she mentioned it in my family—I think it was to Mils Walker, a member of my family, Mrs. Bailey's sister—Mrs. Grey is here—I am not sure, but I think she has said she has seen him at his house—Mr. Smith was a very well-informed man—he was something in the iron-trade, which I saw when I got into the house—I have been in the front room, the parlour I suppose it is called—there is a parlour in front—I am very unobserving of furniture—I remember a glass front to a bookcase in the room, indented in the wall—his first transaction with me was his lending me 60 l .—I do not know anything of his private affairs or of his habits—he was penurious—I cannot say whether such a man is in the habit of lending money—I do not remember whether I gave him any security—the 60 l . was for some purchases of books I had made—I do not think I did give him any

security, it may have been an acknowledgment, I cannot remember—I quite forget it—he lent me the whole in sovereigns—it was in my hotel where I then was, the Blenheim-hotel in Bond-street—I was staying there alone, I think about a fortnight—that was the first time I had staid at the Blenheim hotel—he gave it me there—he lent it me there—my father, I understood, repaid him immediately afterwards, a few days afterwards—this was ten years ago—I called on him again, when I came to reside in London, in the year 1858—I brought a letter of introduction in 1832—I did not deliver that to him at his house—I think I inclosed it to him, saying I would call at a certain hour the next day, which I did—it was six yean after that visit that I asked his advice about my sister's money—it was a very few days after I came to town, in 1838—my sister was then in Ireland, in Belfast—her money was in Ireland—he recommended that I should invest it in a rent charge it was at that time he told me that in the meantime he would take the money, and allow me more than the government—I know nothing about what the funds yielded then—I made no comparison—the first advance was Nov. 5th, 1838—my sister remitted the money to me through my father—I gave it to Mr. Smith—I got it from my father as the channel of conveyance of it—the 550 l . I advanced on Nov. 5th, 1838, I received from the hands of my father—he was then living at Belfast—he inclosed it to me in a letter—I received it by a remittance—it was in Bank-notes, generally, I think Bank of Ireland—I took no memorandum of them whatever—I have not got the letter covering the remittance—I did not take any particulars of what the notes were which I delivered to Mr. Smith—not of how much were Bank of England, and how much were Bank of Ireland, or the amounts; no particu lars whatever—I handed Mr. Smith over the identical notes precisely as I received them—he adverted to various family things at the time; I cannot remember them—he spoke of his high respect for my father, his knowledge of him, and so forth—I forget what memorandum or security I took in 1838 for the 550 l . except by reference to my memorandum-book—I want the me morandum book and 'I O U'—that was delivered up to the late Mr. Smith on the 23rd of Dec., 1889—I received the interest on the sum, which I have already stated, before the next transaction occurred—the first entry was made in this book on Nov. 5th, 1888—this book was begun at the time—the entries were made at the time they purport to bear date—the acknowledgment I took from Smith for the advance of 550 l . on Nov. 5th, 1888, was an 'I O U'—on the 23rd of Dec., 1889, he had paid all arrears of interest—there was no interest between Dec., 1839 and Aug.—not between Nov. 5th and Aug. 12th—I received interest on the 28rd of Deo. 1839, and on the 1st of Aug., 1839, I gave him the further sum of 450 l .—I got that in the same manner—a remittance by my father to me, by Bank-notes—generally all the monies were Irish, sometimes there were English notes among them—the entries in the book were made from time to time according to the date they bear—they were generally Irish Bank-notes, but some English Bank-notes, and I always handed over the particular monies I received—I took no par ticulars at the time any more than the former—the voucher I took on that occasion is expressed in the book, an 'I O U'—my sister was in Ire land at the time—this is my writing, with the exception of the signatures—it is, 'In an agreement, this day, Mr. Smith gives Miss Bailey his note, on demand, for the above 1000 l . at 4 per cent, and he also paid in cash to her, up to this date, 23rd Dec., 39'—that is the only document—the note is not in existence—it was given up to him—that note was given up on the morning of the day on which I received the 'I O U' from him—the 'I O U' on the separate paper, I think, allow me to look at the book, ( looking as it ,)

this note of 1000 l . mentioned in the memorandum to have been given on the 23rd of December, 1839, was given up on the receipt—the date is the 12th of August, 1841—the note was given on the 23rd of December, 1839, and given up on the 12th of August, 1841—I received the 32 l . interest from Mr. Smith I have already adverted to—that is the only amount I have ever received from him—I think I gave him a voucher for that—it was his own book that I signed, a book with a very few leaves, evidently not a book that he used in his business, a book specially for the purpose of my sister's account, not a book of the same character and description as this—it was an 8vo or 12mo size, bound in dirty leather—it contained no entries of other matters than those relating to my sister, that I observed—I received the 32 l . interest at the date of that book, in December, 1839—I came to a settlement with him—the book was the only document between us, that I know of—he then put both the 'I O U's there, and the promissory note, I think, it ex pressed there—the words 'to her' in this promissory note were interlined by me at the time—the arrears of interest were paid to me in cash—I showed him the letters that I had received from my father and sister in refer ence to this subject—I have not one of those letters now—I should observe that Mr. Smith had had himself some conference with my father on the sub ject, but I do not know what; some correspondence, I should say—Mr. Smith corresponded with my father—his letters are not in existence, that I am aware of—I think I should know his handwriting, I am not sure, I should be pretty sure of it—my recollection has always continued the same on the subject—the next transaction is 1st June, 1840, that is, 'To cash to Mr. Smith, on his note to pay 4 per cent, interest, 1200 l .'—I got that money in the same way as the preceding, a remittance from my father by letter, partly by Irish and partly by English Bank notes—no particulars were taken—I always handed them to Mr. Smith in my own house—all the money I advanced to him was in my own house—I think the book says the voucher I took for that sum was a promissory note—( looking at the book )—yes, his note—another note for 1200 l .—that was handed up, returned to Mr. Smith the same day as the 'I O U' of 1841, the last one, was given—that was on the 12th of August, 1841—I counted the Bank notes I handed to him—the Irish and English Bank notes I handed over to him precisely amounted to the sum I have mentioned—I never got one of the Irish notes changed, and what proportion was English and what Irish I cannot tell—they came to me in halves, by two remittances, a half at each time—I pinned them together—I never put my name on the back of any of the notes—I never thought of it at all—I cannot tell you the amount of any one of the Irish notes forming the 1200 l .—they were all large sums—the general sum was a 100 l . note—the next transaction was on the 1st of January, 1841, entered in the book in this way, 'To cash to Mr. Smith, on his 'I O U,' to pay 4 per cent, interest, 500 l .'—I had an 'I O U' that was returned in the same way—we came to an adjustment on August the 12th—it took place at my house—my sister was at that time in Ireland—I met him a few days after that settlement, as I was going in the direction of the British Museum—the date when we met specifically for business is given there, according to this book, the 9th of September—we had a settlement on the 12th of August, 1841—we next met to transact business on the date of the promissory note, the 9th of September—the settlement took place on the 12th of August at my house—I next saw him in the evening, to get the 'I O U'—we met in the vestry-room—the name of the friend in London who advised me to require a bond is Mr. Payne, he is now dead—I am sure of that—he was a private gentleman, he lived in Jermyn-street—he resided there constantly for years

—he died some time last August—he was not a professional man—he was a private friend of my own—I did not advise with any professional man about the security for these large sums for my sister—the promissory note was given at my own house in the morning, and the 'I O U' in the vestry in the evening, at different dates, as expressed in the documents themselves—I sug gested that a more pleasing security should be given than an 'I O U,' and he consented to give the promissory note—the 'I O U' was retained when the promissory note was given—I suppose that must have been through an inad vertency, and besides that, here is the letter of the 9th of September—no person was actually present in the room with me on any of the occasions when I paid any of this money, though I have learned since there was one in an adjoining room—I cannot say there was any one present who saw me pay the money—I have adverted to a circumstance, which I presume will come out in evidence, that there was a person present in an adjoining room, there being folding-doors, so as to hear what passed—that was the maid-servant, Laxton, who I have spoken of—she heard what passed—she did not hear through the folding-doors—I believe they were open, as 1 have expressed myself—she was, in fact, in the back part of the room, which communicated by folding doors, and they were open, so that I should suppose she had a perfect oppor tunity of seeing all that patted—she said so—I was then living at No. 7, Lower Grosvenor-place—it was in the back room I paid the money—she was in the front room—the sums I have mentioned were paid at my different residences—I saw Mr. Smith a very few days before his death—I think ten days, perhaps—I have a doubt of any person's handwriting, except I acutually see them write, but I cannot say I have ever felt any doubt in my own mind of Smith's handwriting—I applied to several persons, after Mr. Smith's death, to see his handwriting; one person I particularly remember, a Mr. Bealby—I borrowed papers of him in order to see Mr. Smith's handwriting—perhaps I may have aaid to Mr. Bealby that he was an illiterate man—I ad verted to the rumours that were about him—I never told him I understood Mr. Smith could not write his name, not in so many words—upon my solemn oath. I could not have said in any form of expression that I understood Mr. Smith I could not write his name—I have not seen Mr. Bealby in Court to-day—I did not say to him that I understood Mr. Smith was an eccentric man who had left a large fortune; that he was a very extraordinary man, and could not write his own name, nor to that effect—I have no recollection of expressing surprise on Mr. Bealby telling me he could write his name, for he had done business with him, and had got his writing in his possession—I will posi tively swear I did not—I did not say to him in effect I should like to see his handwriting as a cariosity—I asked him purposely for his handwriting, as I have in other instances—Mr. Bealby, at my request, fetched down papers in his handwriting—I told him I wished to show them to a friend, not as a curiosity, but, I think I said, to test his signature—I did not say a word about having his handwriting—I hinted at having knowledge of Mr. Smith, and I said that a relation of mine had many transactions with him, in a very general and superficial way—I asked him for the papers to show to a friend, but not as a curiosity—I kept the paper that he lent me with the handwriting upon it a very few days, perhaps two or three days—I did not Speak of Mr. Smith as a person utterly unknown to me except as an eccentric character from public report—I kept the papers a very short time, two or three days, I should think; it might be another day—I returned them immediately—this is one of the papers I borrowed of him with the signature—he showed me this other, at least he showed me something like it—I cannot say it is the precise one I borrowed—I showed them to Miss Walker, my sister-in-law, and a

Mr. Brown, a clergyman—he lived off Oxford-street, in a street leading out of Oxford-street, I cannot remember the name of the street—he was not a clergyman fixed in London, he was staying for some time on a visit in town, an old friend of my family, to whom I mentioned all the circumstances—he is a clergyman without any office—I cannot tell where he is to be found—he is an Irish clergyman, I think, of the University of Dublin—perhaps he is in Eng land perhaps at Cheltenham now—last January was the last time I saw him—it was at my own house—he is a person of independent fortune, has no fixed residence, and has not had for many years—he is not attached to the Univer sity except as an ordinary graduate—I do not know at the present time when is his residence, except at Cheltenham—I have not seen him since last Ja nuary—I have not corresponded with him—I showed him the paper in my own parlour, and at the same time showed him these papers, the documents of my sister—he recommended me to look at the writing, in consequence of something particular he had observed in the documents themselves—it was in January I saw him last—I saw him on the 10th of Oct. in the last year, when that circumstance occurred of showing him the different documents—he recom mended mended me to get some other handwriting, because there was something par ticular in the documents; if you must know it, it was a discrepancy he ob served in the signatures, between the 'I O U' and the memorandum—book; I mean a discrepancy in the three signatures, the signature of the 'I O U' and the two signatures in this book—I was consulting with him on the matter, what should be done—he asked to see the documents I then had in my possession—he himself remarked the discrepancy—he recommended me to go to several places, and, if possible, to get what was certainly his real signature, to see if he varied bis handwriting, to get his acknowledged handwriting—I went to seve ral people for it; I do not think I can remember their names—very recently I have inquired of a Mr. Gibbons, of Mornington-crescent, where his property is—at the time when my friend wanted to compare them I went into two or three shops, as an urgent case, to know if they had any commercial transactions with the late Mr. Smith—I went in as a stranger to strangers—I remember I went into an iron-shop in Seven Dials, but I cannot remember the name of any person I applied to, further than that I did go into two or three shops at Mr. Brown's suggestion—the person said he knew nothing about him, and had no thing to do with him—I applied to Mr. Gibbons, of Mornington-crescent, and through him to Mr. Lewis—I am quite sure I got no other handwriting, after the death, than these documents—I got no specimens of Mr. Smith's hand writing but from Mr. Bealby—Mr. Gibbons is a private gentleman in Morn ington-crescent—he lives there now—I do not know who Mr. Lewis is—I got Mr. Gibbons to apply to Mr. Lewis—I referred to him in the same way—I said to Mr. Gibbons, or rather to his family, for I did not see himself, that it was very desirable to have as many documents as possible—I got none from Mr. Gibbons—his daughter applied to Mr. Lewis—I know nothing of Mr. Lewis, except as Mr. Gibbons's family mentioned him as a gentleman of high respectability—I cannot tell who he is, except a private gentleman, for I never saw him—he lives at No. 12, I think Crescent-place is the name, round the cor ner of Mornington-crescent—I applied to Mr. Gibbons on that subject a few days ago—I have not personally made applications for specimens of his hand writing between the time of my application to Mr. Bealby and my application to Mr. Gibbons—the solicitor in the cause has—I always wrote to my father how I disposed of my sister's money, lent to Smith—I have not one of the letters which I wrote to him, stating such a transaction—my father died in June last year, I am one of his executors—I did not see any of my letters to my father, telling him I had lent Mr. Smith my sister's money—my father left an immense mass of general correspondence, but I did not see any among

them connected with this affair—my sister was living in the same house with my father—the gentleman who advised me to get the handwriting, when in London, had apartments in an hotel, in the neigbourhood of Oxford-street, I do not know where exactly—I never called on him—I seldom called on clergymen who call on me in town, for I should have nothing else to do—I have mentioned he was an old friend of the family—I did not call on him on the last visit, certainly—I have called upon him at Webb's Hotel in Piccadilly, but not the last time—I did not call on him at that hotel in January—it was somewhere in Oxford-street, or its immediate neighbourhood, where he was stopping, in October—during all this, I never thought of advising with any professional man at all, as to the validity of my documents, or as to the proper security to take for my sister—my sister has always been in Ireland, with the exception of visits to England—I have no correspondence of my sister or any of the family, in which I mentioned having lent money to Mr. Smith—I wrote to my sister once about this matter, about the matter being put into the present solicitor's hands—I think I have already observed, that I did write to her about calling on Mr. Smith, and that the money was to be put into his hands—I cannot produce any such letter (I wrote to my father) my sister has either mislaid or destroyed the letter I wrote to her in Ireland—I have stated, according to my note-book, how much of the 175 l . I paid to Mr. Smith in August—I paid him 32 l . 7 s . 2 d . in positive cash—the difference be tween 175 l . and 32 l . was the interest he paid me—he paid me in sovereigns, at my own house—I think he had a purse—I did not observe—he paid them to me, and I handed them back again—he counted them down to me—as my father was dead, I got the money for that from my sister—when I was in Ireland, she wished to have some little matters in London connected with her mourning, and she gave me 50 l . in sovereigns—I cannot say that thirty-two of those identical sovereigns were paid over to Mr. Smith, for I had money of my own—I returned from Ireland on the 1st of August—I did not give my sister tiny voucher for that 50 l .—I cannot say that 1 wrote to her to tell her I had adjusted her concerns with Mr. Smith, and had got his note for 2,875 l .—I inclosed that promissory note in a letter to her, but I think I hardly mentioned or adverted to the fact—I know I transmitted it to her—she has not got the letter that conveyed this note from England, so as to show it existed at that time—that was one of the first posts after the 9th of Sept.—I only sent her this note—I do not remember that she answered, acknowledging the receipt, except that she had received my letter of such a date—I have not that answer—she was writing to me almost every day about family matters, and no doubt I was in my mind satisfied, from her adverting to the receipt of a letter of such a date—I do not say literally I did not mention that I had sent it, but I keep no copies of letters—it is very likely I said, 'Inclosed is Mr. Smith's note'—very likely I did—my sister came to England in the latter end of January, or the commencement of February, in this present year—I wrote to her to return the note—that letter is not in existence—she inclosed it immediately—that letter is not in existence—I have looked carefully for all those letters, but I could not find it—I looked for it immediately upon hearing of the death of Mr. Smith, it being necessary, I conceived, to demand the money—I think I got it back by return of post—I do not know whether Mr. Smith kept large sums of money by him—he never adverted at all to his private affairs, except that he generally spoke of his opulence, his properties—I heard of the fact of Mr. Smith's death, I believe, the next day—I did not read it in the newspaper—I was passing through that street, and I noticed some persons at the door, I was attracted by their manner and conversation, went and stopped for a moment, and they told me that the old man who had

lived there was dead, and I learned that he had died, I think it was on the preceding day, ox two days—it was the latter end of September last year—the late Miss Walker and my father knew Mr. Smith, and have seen me in his company—I have already mentioned one female, who saw him at the chapel, and the servant in my own house—those are the only persons that I remember, Q. Was the clerk there when you went to the vestry? did the clerk see you? A. Oh that has brought it fresh to my memory—I forgot the woman of my chapel—the chapel woman saw him, to know him—she saw him in my company—her name is Mrs. Lee."

" Re-examination by MR. SERGEANT CHANNE L . Q. Now, you have been asked certain questions with reference to an application you made to Mr. Bealby? A. Yes, I have told you every thing I can that passed between me and Mr. Bealby—I cannot say when I first applied to him—I took no record of the fact at all—it was after the solicitor in the cause was instructed to pro ceed—I cannot remember the date, some time I should say in the count of October—when I gave the solicitor instructions to proceed, I placed the documents in his hands—I cannot say to a week how long after that I applied to Mr. Bealby, from my not taking any record of the date, but I have a tho rough recollection it was after the suit was commenced, after the solicitor had been instructed—upon my father's death I went to Ireland, and staid there with my sister two months, in the same house—part of the time I was in Dublin—I had an opportunity of seeing her from day to day—she was my father's executrix—the other executor has not acted—my father left a great mass of correspondence of a general character—I saw that in various parts when I was in Belfast—I have had no means of looking over it since I left Belfast—I arrived in town on the 1st of August—I have not seen the cor respondence since."

HENRY COX HIPPISLEY JUSTINS . I am clerk to Mr. Flower, the attorney for the prosecution. I was present at the trial, before Lord Chief Justice Tindal, when Dr. Bailey was examined—this, marked "C," is the "I O U" produced by Dr. Bailey, and this "A" is the promissory note he produced—this is the letter and book "D" and "E," produced at the trial.

JOHN BEALBY . I live in Little Queen-street, Holborn, and am a builder. I was acquainted with the late Robert Smith for thirty-five or thirty-six years—I remember his death—I buried him—I knew Dr. Bailey before that—I had restored his chapel, which was damaged by fire, for the fire-office, and became acquainted with him in that way—he called on me, I cannot my what time, but I am satisfied it was very soon after Smith's death—he intro duced himself, as far as I can remember, relative to a little bill he owed me for work I had done at his own house—he then said, "You have heard of the miser's death in the paper?"—I said, "Yes, I happened to bury bim"—he said something to this effect, "Why, the paper says he left 400,000 l . behind him, and I believe he could not write his own name"—I said, "Yes, sir, that is wrong, for I had known him many years, and I thought 40,000 l . nearer the mark; I was surprised at the report in the paper; and I said as to writing he could write as well as himself or me—I took a book off my table, and showed him his writing in it for twenty years—I suppose it was a memo randum-book—the Dr. went more fully into the character of Smith, and I was disposed to give him an account of his character, life, and behaviour; I said he was a very singular character, that I was indebted to him between 4 l . and 5 l ., and it was only a few days before he died that I paid him; that when Mr. Smith was indebted to me 200 l ., I could not get the money, but he said I should work it out, and when the debt came that I owed him 4 l . 15 s .

he applied for it—the prisoner said, "Have you got that document?"—I said, "Yes"—I took it out of my cupboard, and showed him the receipt and bill—these are them—he said it was a curiosity, would I allow him to take it away?—I allowed him to take them both away—he took them away, and wished me good morning—this is the bill and receipt—it is made out to me—made out to wind up the account—the receipt is in Smith's handwriting—Dr. Bailey kept them one or two days—I think they came back on the third day—I have known Smith thirty-six or thirty-seven years—( looking at the promissory note )—this is certainly not in Mr. Smith's handwriting—the body of the note I will swear is not his handwriting, and the signature I do not con sider is his—I will not swear it is not his, but I do not believe it is—I certainly do not believe this "IO U" to be Mr. Smith's handwriting.

Cross-examined by MR. CLARKSON . Q. Did you ever swear this conver sation was three months after Smith's death? A. Never, nor that I believed so—I never swore to time—I was asked about time, but said on every occasion I could not swear to time—I have never said I thought it was about three months after the death of Mr. Smith that the conversation took place—I never intended to swear any thing of the kind—I could not swear any thing of the kind—I never could recollect the time, and my belief is I never swore it—I never intended to swear it—I am confident I never stated any period—it was put to me over and over again to say a date, but I could not, I never swore to a specified time—it never was my intention in any shape or way to give a time—I will neither swear it was or was not three months after—he said the papers stated the miser died worth 400,000 l . and he could not write his name—that I positively swear—he did not say 40,000 l .—my remark was 40,000 l ., for knew his manner, character, and life—I will swear the amount the prisoner named was 400,000 l .—it was a long coversation, of about three quarters of an hour—it is impossible for me to say all that took place—400,000 l . is the amount I will swear to—the 40,000 l . was my remark—I was startled at the amount he named—I will not swear, I have not sworn, he mentioned 40,000 l ., but 400,000 l . is what I in tended to convey—I cannot swear how long after Smith's death this conver sation was—the impression in my mind is it was very soon after—I will not swear the signature to the promissory note is or is not Smith's writing, but if this was brought to me as a cheque I would not pay it—I can say no more—I am not in the habit of having cheques handed to me, but have very often seen his writing—the signature is very much like his writing indeed—the "Rob" I do not consider is as bis signature is usually signed—the "Sm" I think is very much like it—the whole of "Rob." appears to me not at all his signa ture—it is not like the character of his writing—I should say the "R" is cer tainly not formed as his; the formation of the "R" and "b" aie stiffer—the "Robert" altogether does not appear his handwriting—it does not appear the same kind of letters—I cannot tell you the difference exactly, but it does not appear the "Robert" of the deceased—it differs in every respect I consider—if that was taken away from "Smith," I should say it was not his signature at all—the" Robert" is altogether unlike bis writing—I should think every body would see it at once—I should certainly think the signature to the "I O U" is not his neither "Robert" nor "Smith"—I should consider them not at all like it in my shape or way whatever—it is not a good imitation—it is an imitation as for as the number of letters, but in no other way—I do not consider either "Robert" or "Smith" are like his writing—it is some time since I saw Smith write, but I have got his writing, notes and orders from him—I cannot say when I had the last—the receipt was given six or eight weeks before his death—I did not see him sign it—my man went fox the money—I buried Smith in Oct.

MR. HUMFREY . Q. You believe the receipt to be his handwriting? A. Yes

—the man brought it to me—I am confident it is his writing—I have had it over and over again.

JAMES ROBERT BAKER . I am a stock-broker. I acted as the broker of the late Robert Smith, the last ten years of his life—I made purchases of stock for him—at the time of his death he had stock to the amount of about 14,000 l . or 15,000 l .—I had many opportunities of seeing his writing, and have seen him write—( looking at the promissory-note )—I cannot say much about the body of this—the signature is something like his, but is not bold enough, I should say—my belief is it is not his—( looking at the "I O U" )—I do not believe the signature to this to be at all like his.

Cross-examined by MR. CLARKSON . Q. Had you been in the habt of seeing Smith write during the latter part of his life? A. I have—the last time, I should say, was within about six months of his death—I should not say his hand had changed—it was always the same—I should say this receipt is his, to the best of my belief.

Q. Is not the signature to the promissory-note the more bold of the two signatures? A. I can only speak to the best of my belief—I think one is more round—I may not be a judge of boldness—I should say the receipt is most bold—I think the "Robert" and "Smith" in the promissory-note are one as like his as the other.

JOHN WALKER WILKINS . I am a surveyor of pavements, residing at No. 26, Grove-street, Camden-town. I knew the late Robert Smith about seven years, and was acquainted with his handwriting—I have seen him write—I do not believe the signature to the "I O U" to be his, nor the signature to the promissory-note.

Cross-examined by MR. CLARKSON . Q. Look at the promissory-note and receipt, should you think the receipt was signed by the deceased? A. They are very much alike—the receipt is like his, and to the best of my belief it is his—there is a sufficient difference between that and the promissory-note for me to believe it is not the same—there is a stiffness, a schoolboyness about the promissory-note, more particularly in the two last parts of the "m" in "Smith"—I do not observe any particular stiffness in "Robert"—I have seen him write several times, but not to have any of his writing, except an agree ment—I never saw what he wrote on any occasion, but the agreement—I saw him execute an agreement in 1838.

MR. HUMFREY . Q. On what occasion have you seen him write? A. I have seen Mm write at his own house—I used to call weekly at his house for money, and have seen him write, and seen his writing, which enabled me to form a belief of his handwriting.

WILLIAM IERON . I am a carpenter and builder, and have a shop in Al fred-mews, Tottenham-court-road. I knew the late Robert Smith, and had transactions with him in business for about four years—I was acquainted with his handwriting—I do not believe the "Robert Smith" to this pro missory-note to be his handwriting—I do not believe the signature or any part of the "I O U" to be his handwriting—I was present in the Common Pleas, at the trial of the action of Bailey against Smith, before Lord Chief Justice Tindal, and heard Dr. Bailey examined partly—I heard something stated about the 12th of Aug.—I never knew till then that either of these documents were supposed to have been signed on the 12th of Aug.—I heard Dr. Bailey say something respecting the "I O U" being given on the 12th of Aug., which is my wedding-day—I remembered on the evening of my wedding-day in the Aug. before Smith's death, seeing him about ten minutes before seven o'clock in Stanhope-place, Mornington-crescent, Hampstead road—he was there with me to arrange certain works which were to be exe cuted—I was doing carpenter's and joiner's work for him there—he remained

there with me till about ten minutes to nine—I was in his company that night from ten minutes to seven till ten minutes to nine—I then accompanied him all the way down Hampstead-road to the King's Head, where the omni buses stand—he was going towards home—we parted as St. Pancras clock struck nine—he was in my company till two minutes after nine—my foreman was there—I think the foreman left about half-past eight.

Cross-examined by MR. CLARKSON . Q. Look at this promissory-note, is it like Mr. Smith's handwriting? A. No—there is a resemblance—I should say more in the word "Robert" than "Smith"—"Robert" is not very like his—he did not make his R in this way—it is a very bad resemblance—he did not make them in this way, but more round and wider strokes—a bolder and plainer hand—he did not shape his R's in this form—I very often saw him write and sign his name—my wife is not here—I believe the 12th of Aug. was a fine day—I cannot recollect whether it had rained—there was none from ten minutes to seven till after nine—there bad not been a storm with thunder and lightning—I did not get wet through, and change my clothes—I perfectly recollect that—I was out on business, but did not take an umbrella that day—my foreman had been at work that day for Mr. Elliott, at two houses in Glo'ster-road—I dined at home with my wife, nobody else—the workmen had left the building at six—the foreman came there by my orders to meet me and Mr. Smith, to plan the work—I had seen my foreman at Elliott's at twelve o'clock, which is about half-a-mile from Stanhope-place—I went to Stanhope-place on purpose to meet Mr. Smith—I had been in Rutland-place, Hampstead-road, where I was building—it was on Thursday—I have not looked at the almanac to see that—nobody told me it was Thursday—I recollect the day—I have not talked to the foreman about the day—my attention was first called to the 12th of Aug., in the Court of Com mon Pleas, on the 8th of July, 1842—there was nobody else at Stanhope-place but a little man named Clark, who was taking care of Mr. Smith's houses about there—he is now on the premises—Smith and I were talking about the building and the staircase—we did not go to any public-house—we were not from the buildings and adjoining ground all the time—I did not notice anybody on the ground but Clark—I do not recollect meeting any body in Hampstead-road—I should say it was dusk before I left the building so that we could not see a line which we were drawing on the boards to plan the staircase—Smith did not get into the omnibus—we did not shake hands on parting—we had no conversation in the foreman's presence, but on business, planning the staircases, sashes and frames, and the height of the principal part of the buildings—Smith and I differed about the plan of the staircase—the foreman was of my opinion—Smith gave in to our plan after a great deal of consultation—he was hard to be persuaded—we were differing about the staircase an hour and a quarter—I made the marks on the board—neither my foreman or Smith made any—the board lay on the floor of the front par lour—the sashes had not been fixed—there was no door to the house—it was quite open—the floor was not laid—I do not choose to say what was Smith's suggestion about the staircase.

MR. HUMFREY . Q. Where were you married? A. At St. George's, Han over-square—my wife's maiden name was Clara Basin.

EDWARD BYARD . I am clerk to Mr. Flower. I examined the register of mar riages at St. George's, Hanover-square, on the 9th of July, the second morn ing of the trial—this certificate is a correct copy of the register—( This cer tifyed that, on the 12 th of Aug. , 1822, William Hieron was married to Clara Basin. )

JOHN EDDY . I am a carpenter and joiner, and foreman to Mr. Hieron. I recol lect meeting Mr. Robert Smith at a house in Stanhope-place, in 1841—it was in

August, and I judge it to be the 12th, as my employer came and took me from a job to Mr. Smith's job—I got to Stanhope-place from a quarter to seven to seven o'clock—I remained with them an hour and half, till half-past eight—I left them there—Mr. Smith did not go away all the time I was there—I was with them most of the time, till half-past eight.

Cross-examined by MR. JONES . Q. Had you seen Mr. Smith and you master together before that day? A. Yes, several times before and after, in the evening and morning—I did not make a memorandum of this meeting—I have since ascertained it was Thursday by the almanac—I looked to see what day the 12th of Aug. was—nobody told me to look at the almanac—I looked a few days after I was last at Bow-street, in December—I could not before that tell the day of the week—I swear I have not talked with Hieron respect ing the day—I have talked with him about this affair only once, and then it was trifling—I looked at the almanac at my own house—he was not with me—I did not show him the almanac—on the 12th of Aug. Mr. Smith and Hieron were talking principally about the staircase—we intended to carry the plan out different to the other house—Mr. Smith held out several objections, for a long time—I do not recollect what weather it was—I left Smith and Hieron on the premises—it was half-past eight o'clock, which was after my time, and I thought they would not want any more of my services—I know it was not after seven o'clock that I met them, for Mr. Smith said Mr. Hieron never kept his word—he was rather behind his time—I did not look at my watch, but I count by the time the men left work, half-past six—they were making extra time—I do not believe that any body was on the premises but Smith, Hieron, and me—we went outside, in the garden ground, planting things—I do not recollect seeing any one there—I know Clark—I do not re collect seeing him there—he might be outside waiting to speak to Mr. Smith, but he was not with us—some of the sash-frames were put in at that time, but not the glass—no doors were hung—the street-door was not up.

Q. When was your attention called to this particular day after it passed? A. The evening before I was called to the Court—I was not asked about it till after Mr. Smith's death—I attended the trial on the 9th of July.

JAMES SMITH . I am the brother of the late Robert Smith. He resided at No. 12, Great St. Andrew-street, Seven Dials—he died in Sept., 1841—I was first applied to about a promissory note in Oct.—I do not believe the signa ture to this promissory note to be my brother's handwriting—I do not think the signature to this "IO U" is at all like his—I received this paper ( marked F ) or one like it, from the witness Carney—I handed it to Mr. Justins, Mr. Flower's clerk.

Cross-examined by MR. CLARKSON . Q. Were you and your brother much in communication together before his death? A. Very much—I saw him the day before he died—I was not at his death—he was not then in good health—I saw him at his own house, in Great St. Andrew-street, in the front parlour—I think I spent the greater part of the day with him till towards evening, when I had to return home—I dined with him that day in the parlour—I have seen this promissory note before—I saw it at Mr. Hill's office, and I pro nounced it to be a forgery, and so I do now—it is decidedly like my brother's writing—it is decidedly an imitation of it—it is pretty much like the writing certainly—it is a good imitation, I should say—I cannot say whether a person less acquainted with him than myself would pay a bill upon it—I should say no—if I did not look critically at it 1 should suspect it—I should certainly say it is a pretty good imitation of his writing, but it wants the freedom which was peculiar to my brother's writing.

Q. What is the name of the gentleman who is coming to tell us that it has been traced? A. I do not know—I have no knowledge of the gentleman—I

heard him examined at Bow-street—I do not think I ever beard his name, but once, and I do not recollect it—I should say the "R" is shaped pretty much as my brother shaped his—I cannot exactly point out the difference, without I had another name to compare with it—I should say it is very stiff writing—it is not written with that freedom which characterised my brother's writing—I think the letters are very much after the same as my brother's writing—I think it is a very good imitation.

Q. Now, of the two, which word is most like, the word "Robert," or the word "Smith?" A. If you want me to enter into discrimination with re-gard to the letters, I should say the letter "m" in the "Smith" detects the forgery—it does not possess that peculiar roundness that my brother's writing did—the "m" is very badly done—I should say it is a very bad "m" alto gether—I cannot say as to its being different in form, but it is a very much worse "m" than my brother generally made—it has not that bold round cha racter—it is not quite so round.

Q. Is it palpably so? A. I really do not exactly know what you mean by "palpably"—I have been a schoolmaster—I do not understand what you mean by "palpably" in relation to this—the general acceptance of the word is "feasibly," I should say—the signature has a stiffness of character through the whole of it, which is not at all peculiar to my brother's writing—I am speaking of the whole character of the signature—the stiffness is the principal thing I speak to—I do not know anything else—this receipt is his hand writing—that I detect at once—there is more freedom in this, and you will particularly observe, with regard to the "m," that there is more round ness—the signature to this receipt is decidedly bolder than the signature to the promissory note—there is more roundness and freedom of turn—I have not got any more of my brother's handwriting with me, nor caused any to be brought—I have plenty at home—my brother died without a will—I am the sole next of kin—I am his own brother, therefore I am the next of kin, and he has a sister—if Dr. Bailey had succeeded in the action at Guildhall I should We been 3000 l . the worse—my sister is not here—I have several other re lations living in London—one of them is here, Mr. Brown—I have nine rela tions living in London besides my sister—my sister lives in ray house—I have a wife, but no children—my family consists of my wife, my sister, and two servants—the greater part of my relations live in Mornington-place, and a portion of them in Russell-street—all the family are, I believe, on the most friendly terms; at least, I have no other feeling towards any branch of my family but of the most friendly kind, and that was so with my brother in his lifetime—he dined at my house the Sunday before his death—all the family were on good terms, friendly, and visiting each other—I am the prosecutor of this indictment.

MR. HUMFREY . Q. Is your sister in a fit state to be brought as a wit ness? A. By no means, I am sorry to say—I never heard or knew of any intimacy existing between my brother, or any part of my family, and Dr. Bailey and his sister—I never in my life heard his name mentioned until the subject of the note was brought forward, or his sister, or any relation.

BRYAN CARNEY . I know Dr. Bailey—I first spoke to him when he came up to me in the Brompton-road—I have been a mason's labourer a long time; then, getting old, I took to selling fruit, and I was selling fruit at the corner of Brompton when Dr. Bailey came to me—I had never seen him till he came up to me there—I did not take notice when it was, but as far as my judgment goes, it was about the 1st of October last—he at first said, "It is a fine day"—I said, "Yes"—he said, "How do you get on with your work?"—I said, as well as I could, but not

so well as I wished—he asked how I was situated—I said I had a large family, and the eldest helped the youngest—he said, "Have you been long in London?"—I said, "Between nineteen and twenty years"—he said, "Are you in any way experienced in a law-suit?"—I said, "No, I am not, I never liked it, or any one that was given to it"—he said, "What made me ask, I had a law-suit in hand three months ago, and I was defeated for want of one witness; the opposite party had three witnesses, I had hut two, and so I was defeated; will you become one?"—I looked at him, and admired what he said, and stopped for ten minutes—I said, "Yes," to see what was his motive for asking me the question, he never having seen me before—he put his hand into his pocket, gave me a shilling, told me to call at his house the following day at ten o'clock, at Caroline-street, Coleshill-street, No. 73—I called next morning, and saw him in a room in his house—he began to tell me what I should do—he said, "Mr. Smith's counsellor will attack you very close, and do you know what to say?"—I said, "I do not know what to say"—he said, "Well, I will write it down for you; can you read?"—"I can read," said I—he took a paper, and pretended to be writing,—whether he was writing or, not I cannot say, but he had a pen and ink over a paper—he was on the other side of the table—he read it for me, and told me to read it myself, which I did—he said, "Well, take it home, get it by heart"—I should know the paper again which he gave me—this now produced is it (F)—no one but me saw it—I did not let friend or foe see it till I gave it to Mr. Smith—Dr. Bailey had taken down where I lived when I called at his house, and four or five days after he called at my house, and told me he wanted me to go down to St. Mary Axe, and he gave me a note to a solicitor of his—I took the note there, and Dr. Bailey came in five or six minutes after me—he told me every thing I was to tell his solicitor before I went there—I told his solicitor more than I can recollect now—I did not mind to keep it in my recollection since that, there were a good many words in it which I did not think anything of—I re mained with them as much as three quarters of an hour, I believe.

Q. How soon after this did you see Dr. Bailey again? A. I cannot tell you; to tell you the truth, I only wanted to get rid of him, and his business did not take the least effect on my mind—he called at my house twice, and brought me up to Hyde-park-corner, that I might not forget it—he talked to me about what I was to say—he called on me once when I was in bed—I think it was about half-past eight—I dressed and came down—I fonnd him in the house—he told me he wanted to speak to me outside—I went out—he said he particularly wanted me next day, about eleven o'clock, at the Exchequer coffee-house—every time he called on me he gave me a shilling—he gave me a shilling, and I did go to the Exchequer coffee-house, and what I had said at St. Mary Axe, was all written down before me by another solicitor, I be lieve he was—he asked me to read the paper—I told him to read it himself—he read it to me—I told him it was right—then they told me to go over with a young lad who was there through Westminster-hall, before a Magistrate, and my flesh crawled on my bones, and I shook.

Q. Well, did you refuse to swear it? A. I did refuse, I would not do it for a million of money—I could not do it—as far as my judgment is I received in all of him 7 s . 6 d .—he promised to give me 30 l .

Cross-examined by MR. CLARKSON . Q. Your account then is for all you have done, or pretended or agreed to do, from the time you first saw Dr. Bailey till now, all you received was 7 s . 6 d .? A. That is all I received of him—I have received my wages of Mr. Justins—I received 3 s . 6 d . the day Mr. Justins called on me—I believe I was four days at Bow-street—it was three or four days, and I was two days here—they paid me 3 s . 6 d . a day for that, and that is all I received as far as my judgment goes, and 2 s . they gave me the first

time they met with me—that was for bringing me over to hit office to ask if what they heard of me was right or wrong—that was before Dr. Bailey was taken—it was a good bit after I was at the Exchequer coffee-house before I opened my mind to my countrymen, and told them—I think it was seventeen days—I have lodgers, and my two boys work—I sold fruit after I was at the Exchequer coffee-house for about three weeks, but not down to the present time—my wife was unwell, and I and my family got as sistance from the parish—all I have received since I was at the Exchequer coffee-house was 3 s . 6 d . a day, for five or six days, and 2 s . when I came over to Mr. Flower's office, and 1 s . more one day at Bow-street—as I had no money I asked Mr. Smith for the price of a penny-loaf, and half-a-pint of beer, and he gave me 1 s .—that is all I have received of their money.

Q. Did you ever happen to go to Mr. Hill, the attorney, in Bury-street, St. Mary Axe, and ask for money? A. I did not go on speculation to get money—I asked him for the price of half-a-pint of beer when I went on one occasion, and he would not—I went there twice, and it was the last time—it was not the night before I went to the Exchequer coffee-house—I do not know how long before it was—God bless you, I did not notice.

Q. You must answer the question. A. Well, then, I wont—I never asked him for money but that once.

Q. Did you tell Mr. Hill, that you knew Mrs. Lee, the pew-opener at the prisoner's chapel? A. I did—Dr. Bailey when he met me the first time told me not to lay the case open to any body, and it would look better for me to call on Mrs. Lee, and inquire where Dr. Bailey lived, and I told Mr. Hill I went to Mrs. Lee to inquire Dr. Bailey's address—I told him various facts relative to Mr. Smith and Miss Bailey—I told him Dr. Bailey would not listen to any thing I had to say—that is what he told me to say—he told me that, without any written paper—I told Mr. Hill I first heard of the law-suit in a public-house, where some persons were drinking, and that I heard them say the Smiths had got over the Irish lady, and that they had got 10 l . by the job—I signed my name to a paper at the Exchequer coffee-house—I did not tell the person with whom I left the paper that I would go over to Westminster-hall to swear it, but he told me to go over with the young lad to the Hall—I walked out with the lad, and turned home—this must have been seven or eight days after I had been with Mr. Hill, but I did not take any dates—I do not mean to swear what time it was—I believe it was better than a week after I had asked for the pint of beer—I remember the paper being read over to me.

Q. Did you say after it was read over, "It is most true, most correct?" A. I said that it was right, and then put my name to it—when I was at Bow-street, I made sure that Dr. Bailey wrote the paper he gave me, but though his character, and what I hear of him, I cannot be sure of any thing he took in hand, but he bad the pen and ink over the paper, and I made sure that was the paper, and told the Magistrate it was his hand writing—it was what I got from him—I have been a merchant before I came to this country—I used to travel with tobacco and whiskey in Ireland—I never got into trouble about tobacco or whiskey—I swear I never was before a Magistrate in all my born days, only one time when I was tipsy—I was a mason's labourer in England four years ago—I left it off except occasionally, but I worked for a Mr. Smith, six months in Five-fields—I sometimes carried the hod, and sometimes navigated for Mr. M'Intosh in the City, and laying pipes down—that is sixteen years ago—when I got work within the last four years I did it—when I do not, I do the best I can, and sell fruit—I do any work I am able to do, and could get plenty if I could run the ladder—I do not carry on

any business in my own house—about three months ago my wife took to sell green-grocery, at No. 8, Princes-row, but was obliged to give it up in about two months—she could not make a living of it—I have lived there three years next May—this time two years I was with Mr. C. Smith, in the Five-fields making up plaster for liming hair—when I got work I did it—I never went on messages, or as a porter—I was questioned before the Magistrate, by the gentleman behind you—I did not d----n his eyes—he asked me a question five times—I told him I had answered him five times—I will not swear I did not d----n his eyes—if I did there was more people in the room than you to hear it.

MR. HUMREY . Q. When you went to Mr. Hill, you told him you knew Mrs. Lee, the pew-opener, and various things; who told you to state that? A. Dr. Bailey told me to tell Mr. Hill those words, and to keep memory of it the same as if I was to be a witness to every word—he told me to keep that in mind, as I should be cross-questioned—he told me to say I first heard of the law-suit in a public-house—I told Mr. Hill nothing but what he told me, as far as my judgment goes—I swore before the Magistrate this was the paper Dr. Bailey wrote (marked F), and I made sure it was, by his having the pen and ink over it, and telling me to sit down till he had written it; and after he had done writing he gave me that paper, and this little bit of paper with a direction on it to go to St. Mary Axe with the paper; it is ( reading ) "Robert Smith, No. 12, Great St. Andrew-street, Seven dials."

RICHARD DIGGINS . I am a coal-merchant, and am acquainted with Dr. Bai ley's handwriting. I do not know whether the direction on this small piece of paper is his handwriting—I have seen him write a good many times.

ROBERT LENNY . I am fourteen years old, and have known Dr. Bailey about three years. He sometimes employed me to write for him—this paper (F) is my writing—he employed me to write it at his house, No. 73, Coleshill-street, Pimlico—he gave me a paper to copy it from—I think this paper (G) is what I copied from—I do not exactly remember when it was; I think some time in Aug. or the beginning of Sept. last year.

NICHOLAS PEARCE . I am an inspector of police. I apprehended the pri soner, on the 27th of Nov., at No. 73, Coleshill-street, Pimlico—I searched his house, and in a table-drawer, in the back-parlour, I found different papers, which I have produced, and this book—these are the papers—this (G) is one of them. This paper was here read as follows :—

" K—n—y— I saw the late Mr. Robert Smith at Dr. Bailey's chapel on the evening of the 12th of August, 1841—Mr. Smith was an ironmonger, and lived in No. 12, Great St. Andrew-street, Seven-dials—the chapel service began at seven, and ended about a quarter-past eight—Mr. Smith was just going into the chapel before me, and he walked into the vestry—Mr. Smith came out of the vestry just before the service began, and after him came out one or two ladies; and then, in two or three minutes after, came the two parsons—Dr. Bailey read prayers, and the other strange parson preached—Mr. Smith and the one or two ladies went into the body of the chapel during the service, but I could not see them from the free-seats, where I sat—I saw Mr. Smith on the stairs as the congregation was coming out, but I took no notice of him afterwards, whether he spoke to anybody, or whether he walked home with anybody—I saw him a few days afterwards in the Park, and had a chat with him—Dr. Bailey was in Ireland in June and July of 1841—I never was in any room in Mr. Smith's house but the front-parlour—the name of 'Smith' was on the door, on a brass-plate."

MR. CLARKSON to MR. JUSTINS . Q. Did you hear Sir Thomas Wilde

state at the end of Dr. Bailey's examination, that be would bear of this in another Court? A. I do not recollect it.

MR. TOLCHER . I do not recollect it.

HENRY FLEMING . I am a cabinet-maker, and live in Terrace-court. I have known Dr. Bailey about two years and a half—I have been in the habit of doing little jobs for him—he called on me the first Sunday in last Sept.—I was in bed—my wife came for me—when I came down I saw Dr. Bailey—he wished to speak to me—I went out with him to the Wellington Cricket-ground, Chelsea—he continued with me about an hour, and said a great deal more than I can remember—he said his sister had been robbed out of money to the amount of 3,000 l ., and it would be an act of justice for anybody to come forward and swear that—I unfortunately agreed so to do—I lent myself to it—he said he wished me to swear that I knew Mr. Smith, where he lived, and so on; that Smith was at his (Dr. Bailey's) house, in Coleshill-street, Grosvenor-place—I did not know the late Mr. Smith at all; I never saw him in my life—the prisoner said he would give me 20 l ., and my son 10 l ., if I would swear I knew the party, as a trial had been at Guildhall, and he wanted an extra witness or two, and then they should defeat the party, and become vic torious—he said I was to swear my son and me met Mr. Smith, the miser, at Queen-square chapel, and saw him come out about half-past seven o'clock, on the 12th of August; that he had not time to speak to my son and me re lative to a job he was to have given my son, but that he went away to see Mrs. Grey, near York-gate, and there we were to leave one another; I and my son were to go one way, and Mr. Smith another—he said we were to swear this—unfortunately I condescended to swear it—he called at my house about three times—the second time was the next day—he called and left the Times newspaper relating to the first trial at Guildhall—he brought me the instruc tions in writing the second time—I destroyed that the day I saw Mrs. Bailey, after he was taken up—I kept it till then—he read every word of the paper over to me—I should know it if I heard it read.

NICHOLAS PEARCE re-examined. I found this paper (H) in Dr. Bai ley's presence—he unlocked the drawer I found the paper in, and saw me take it out—( read. )

F—l—ng— I have known for twenty years the late Mr. Smith, ironmonger, 12, Great St. Andrew-street, Seven Dials—he died in Sept. 1841—he was about seventy years old, middle sized, very thin, very bald and grey hair, and a very beggarly, dirty-looking man—I have bought many things from him—before his death there was no front shop, but since his death they have pat in a front shop—the hall door was painted a dirty brown—there was a long knocker, like brass, and a brass-plate just above it, with the name "Smith" in black letters, about two inches long—I never saw any servant there—he always opened the door himself—there was both a knocker and a bell—he kept his ironmongery in a room at the back of the front parlour, but I never was in it, but I have been often in the front parlour, into which he brought any articles from the back room I asked to see—the front parlour was a very dirty looking room—there was an old carpet, an old horse-hair sofa, and some old-fashioned mahogany chairs, and at the right hand of the fire-place a book-case with a glass door, circular at top, and fixed in the wall, but there was no glass or piano in the room—on the morning of the 12th of August, 1841, between ten and twelve o'clock, I met Mr. Smith coming out at the corner of Coleshill-street, and he saw me, and called me to him, and he asked me what I was doing, and what my sons were about—I told him, as I heard he was building houses at Mornington-crescent, I would be greatly obliged to him if be would find some situation for my son—Mr. Smith told me he was in Pimlico

that morning with Dr. Bailey, in Coleshill-street, upon which I asked him, was the doctor getting iron-work done at his house—he answered, 'No, I have been with him settling some family accounts with him, I have known the doctor's father for fifty years; thousands of their money have passed through my hands'—he also told me that the doctor had come into a large estate by his father's death—I answered, I thought there must be something more than trade between Mr. Smith and the doctor, as I had seen them two or three times together in Grosvenor-place, very friendly and intimate together—Mr. Smith said he wished to see my son, and 1 asked him when he would be in Pimlico again, and he replied that he had made an appointment with Dr. Bailey to go to his chapel in Queen-square that evening—I told him I would, if possible, bring my son there—I and my son did go, but we were too late for service, and we walked about till the congregation came out—there went about thirty or forty persons came out—we saw Mr. Smith, and talked to him for about one minute near the chapel door, and I showed my son to him—Mr. Smith said, 'You may depend I will not forget it, and you will soon hear from me'—I did not hear from him, according to promise, and I called once at his house a few days afterwards, but no one answered the door—Mr. Smith seemed anxious to hurry away from us near the chapel door, and he walked off hastily towards the Birdcage-walk, and we took the opposite direction, and returned home by York-street—my son and I particularly re member it was the 12th of August, because," &c. &c. &c.

HENRY FLEMING re-examined. I am certain every word of that is the same as he gave it to me—there is not a word of truth in it, from beginning to end—he gave me that paper on the second occasion.

Q. It ends "because, &c." did be see you a third time? A. Yet—he asked if I bad any thing on the subject of the date, to fix it in any manner—I told him there was nothing to recollect the date whatever—I had various papers in a little box, which he examined—he said he wished to examine then to find the 12th of Aug., and it so happened I had a letter on the 11th of Ang. to get my eye probed on the 12th of Aug. some years before, and he found that letter from the Ophthalmic Institution—he said that was the best thing be ever saw, it would answer every purpose, that it was the exact day of the month—he called at my house again in about a fortnight, and desired me to go to the Exchequer coffee-house, I think it is called, close to Westminster-hall—I went to St. Mary Axe twice by his direction before I went to the Exchequer coffee-house, and was examined there by his solicitor—I met the doctor at the Exchequer coffee-house, and his sister, as I understood, and Mrs. Lee, the servant, Bryan Carney, the witness, and Mrs. Bailey, and three other persons I did not know—the depositions were read over there, and I signed my name with various others—I went into the Hall, and took my oath—when I went to Mr. Hill's office 1 did not take the paper with me—I showed him this card from the Ophthalmic—Dr. Bailey had promised me 20 l .—I sent him this letter ( looking at it ) by my son—I did not receive any money in return—I have received from him, directly and indirectly, 25 s .—my wife received the last money—I was not examined before the Magistrate—( letter read. )

"Orpin-place. Rev. Sir,—Pardon me sending to you, as you said as little as I was seen at your house the better; it is necessary that I should ap pear a little more respectable than my own circumstances will allow; I have been so distressed this last season as to be obliged to part with all my clothes; to appear before the lawyer, I must have my things from the pawnbroker's; they will take 1 l . 5 s . to get them; if you can let me have as much, in two ways it will further your case. I am wishing to see a builder that live in the neighbourhood of St. Giles's, can give me some information respecting

Smith. I have no wish to have more than I can pay you again; only, as you observed to me the time I may wait in attending to business. About the middle of Oct. I have, from Somerset House, an order for 4 l ., given me by my son, from Malta, and the principal point I have to make out is the 12th of Aug., and about that time I received from him 3 l .; that I think I can get at by going to a gentleman I knew at Kensington, but I must go decent.

"Rev. Sir,—I remain your most obedient humble servant,— HEN. FLEMING .

"Thursday morning. To Dr. Bayley."

CHARLOTTE FLEMING . I am the wife of Henry Fleming, and know Dr. Bailey—I have seen him at our house three or four times—the first time was the first Sunday in Sept.—he called three times after that—my husband went out the first time with him, and was absent an hour—he taw my hus band the second time, and remained in the house with him about three quar ters of an hour—he saw him on three occasions, and came once when he did not see him—Dr. Bailey gave me a sovereign about a fortnight before he was in confinement.

Cross-examined by MR. JONES . Q. How long bad you known Dr. Bailey? A. I never saw him before the Sunday that he came—I am quite sure he never gave me any assistance before that to my knowledge—my husband was in distressed circumstances some time before that, and was so then—I have not received assistance from various clergymen in the neighbourhood—ladies call from societies, and give us a few tickets—I never had any clergyman call—I have had assistance from the parish—my husband followed a business till his eye was bad—he works now when he gets a job—he has sung at St. Saviour's church—he has not sung at public-houses lately—he was in the habit of doing so for some months—not in the streets, never—and never was paid for singing at public-houses—he did not receive presents from the company—I have been with him—he never received any thing but once, that was from the landlord of the George, George-street—I did not sing.

WILLIAM FLEMING . I am the son of Henry Fleming. I took a note from my father to Dr. Bailey about the 15th of Sept., and received an answer from Dr. Bailey himself, that he had not got his quarter's pay, but as soon as he had, Mr. Fleming could have any thing he required—that was all that passed.

ROBERT BROWN . I was related to the late Mr. Smith, and knew him well during his lifetime—I have examined his books to find whether there was any transaction between him and anybody named Bailey—there was not any—the books are not here—I do not believe the signature to this promissory-note to be his handwriting, nor the "I O U."

cross-examined by MR. CLARKSON . Q. Do you think neither of them like his writing? A. There is some resemblance—it is a very great resemblance—I should say decidedly it is not his handwriting, especially this promissory-note—that is the least like it.

The paper (I) produced by Pearce was here read as follows :—"G—y, 50 l .; C—l—ne, 40 l .; Cat—rne, 10 l .; M—s—n, 10 l .; K—n—y, (Irishman,) 10 l .; Flemming, 20 l .; B—r—by, 30 l .; L. (chapel,) 7 l ."

MR. JUSTINS re-examined. A person named Grey was examined on the trial, and Caroline Laxton, both on the part of Miss Bailey—at the time of the examinations before the Magistrate I did not know of Fleming, not till the last examination—I saw him late in the afternoon.

Cross-examined by MR. CLARKSON . Q. How did you become acquainted with him? A. Fancying this "Fl—ng" meant "Fleming," I got the police to search the neighbourhood for a man of that name—I should say Queen-square chapel is near three miles from Mornington-crescent, if not quite so.

NICHOLAS PEARCE re-examined. I should say it is near three miles.

( The I O U and promissory note were as follows :—"Miss Ann Bailey, of 45, Upper Arthur-street, Belfast, I O U a balance of account up to this day, 12th Aug. 1841, the sum of 2,875 l . ROBT. SMITH . We the undermentioned, being witnesses present, do subscribe our names at Mr. Smith's request, WILLIAM NICKSON . M. A., Thursday evening, at St. Peter's, Westminster of No. 4, Portland-road, St. Marylebone; WM. BAILEY , LL.D., clerk, minis ter of St. Peter's, Queen-square, West, 12th August, 1841."

"2,875 l . London, No. 12, Great St. Andrew-street, Seven Dials, 9th Sept. 1841. On demand I promise to pay to Miss Ann Bailey, of 45, Upper Ar thur-street, Belfast, Ireland, or order, the sum of 2,875 l . sterling, with 4 per cent, interest thereon, from the above-mentioned date, for value received by me in cash advanced by her on loan to me at different periods, as by settlement this day. ROBT. SMITH . Witness present, WILLIAM BAILEY , clerk, LL.D., Minister of St. Peter's, Queen-square, Westminster."

( The book produced headed "Private cash account," contained various entries of different dates, of money transactions between the prisoner and Mr. Smith, among which were the following :)—"In a mutual settlement this morning, August 12, 1841, Mr. Robert Smith has received back from Miss Ann Bailey his two notes amounting to 2,200 l ., and his I O U for 500 l ., but still unpaid. Mr. Smith has further engaged to include the above sum of 2,700 l . in one security, with the 175 l . now paid into his hands, amounting altogether to 2,875 l . Mr. Smith has also paid in cash this day all arrears of interest due on the monies advanced to him by Miss Ann Bailey, and con tracts to pay 4 per cent. interest on the above 2,875 l . ROBERT SMITH . For Miss Bailey, WM. BAILEY , August 12, 1841."—"Mr. Smith, according to his agreement, handed to me last night, in the vestry of St. Peter's, Queen-square West, his I O U to Miss Ann Bailey, &c, for 2,875 l . He has omitted stating therein his agreement to pay 4 per cent, interest on the said sum, but he expressly covenanted to Miss Ann Bailey to pay her such rate of interest on the whole amount of 2,875 l . My friend, the Rev. Mr. Nickson, happened to be present last night, and, at Mr. Smith's own request, witnessed, along with me, his I O U. WM. BAILEY , 13th August, 1841. 73, Coleshill-street, Eaton-square."—"I received this morning a promissory note from Mr. Robt. Smith, for Miss Ann Bailey, for the full amount of cash advanced by her to him, viz., 2,875 l ., &c, &c. 9th Sept. 41."

Witnesses for the Defence.

SUSANNAH LEE . I was pew-opener at Queen-square chapel when Dr. Bailey was the minister—I did not know the late Mr. Robert Smith person ally—I saw a man come into the chapel on the 12th of August, 1841, and ask for Dr. Bailey—I showed him into the vestry, and he went in—he did not tell me what his name was—a young woman also went into the vestry—I did not at that time know who she was—I now know it was Mrs. Grey—the man I showed into the vestry was an elderly man, in a dark coat—that is all that I can say of him—he was rather tallish, and rather stooped, to the best of my recollection.

Q. Was he thin or stout? A. He was a middle-statured man—I cannot say what age he was—the Rev. Mr. Nickson was there—he was occasionally in the habit of officiating there—there was no one else in the vestry that I took notice of—Dr. Bailey was there—there was no one there except thia elderly man, Dr. Bailey, Mr. Nickson, and Mrs. Grey—when they went into the vestry the door was shut—they remained there about ten minutes—there was pen and ink generally kept in the vestry—after they had been in the vestry about ten minutes the whole four came out—Dr. Bailey went into the desk to read prayers—Mr. Nickson went into the seat at the opposite part of the chapel, and there sat until the hymn was given out—he then went into the vestry, and

got robed—I put Mrs. Grey and the elderly man into the same pew together—they remained there during the service—I did not observe them go out after service was concluded—I had got my business to attend to.

Q. Do you know Mr. Bryan Carney? A. I saw him—he came, to me, to the best of my recollection, on the 8th or 9th of Sept.—not last year, the year before, 1840—let me recollect—no, it was 1842—he came to me at my resi dence, which is adjoining the chapel—he came, and asked for me in the yard—I went down, and he began to tell me a long tale that he had been in St. Giles's, and that he had heard the party of Mr. Smith—.

Q. Did he ask you for Dr. Bailey's address? A. He did—I did not give it him, as I did not know but what he came, like most, for charity—I never gave him the address afterwards—I referred him to the chapel-warden.

Cross-examined by MR. HUMFREY . Q. Who is the chapel warden to whom you referred him? A. Mr. Chibnal—I did not know Mrs. Grey at the time she went into the vestry—she was a stranger to me—to the best of my recollection that was the first time I had seen her, and to the best of my recollection that was the first time I had seen the elderly gentleman.

Q. I suppose they could not be frequently at your chapel on a Thursday evening without your knowing them? A. There were several that used to come to and fro that I used to pay no attention to—I attend to the whole of the chapel—I never remember having put them into the same seat before—if they had been in the habit of sitting in the same seat together a good many times, I should have remarked it—I can say they had not been in the habit of sitting in the same seat as much as a dozen, or half-a-dozen times they could not—the chapel is not very full of a week evening—there was very few that evening—there might not be above a dozen people.

MR. JONES . Q. Could persons come to the chapel occasionally, as many as twenty times, without your taking particular notice of them? A. No, they could not—I am the only pew-opener—I cannot say how many persons the chapel is capable of holding, it may hold 300 for aught I know—persons would not come in and take seats, without my putting them in—there are some free seats, which go from the top of the stairs, just round the corner—persons could go and sit in the free seats without my showing them there.

COURT . Q. What makes you remember this was the 12th of Aug.? A. It was the last Thursday evening that we had evening service, and the second Thursday in Aug.

WILLIAM CHIBNAL . I know the prisoner, I am warden of his chapel, in Queen-square, Westminster—I was so in Aug. last—I remember the even ing of the 12th of Aug., I was at chapel that evening—I do not remember seeing Mr. Robert Smith there that evening—I saw an elderly gentleman there—I was going into the vestry, the pew-opener told me a person was in the vestry with Dr. Bailey, and I did not go in.

COURT . Q. Did you see him as he came out? A. I did not wait till the congregation came out.

MR. WILDE . Q. Do you know a person of the name of Carney? A. I have seen him—he never came to me to ask the prisoner's address—I have known Dr. Bailey about four years—since I have known him his character has been very correct in every shape whatever, as far as I have known—he has been quite eorrect in his money transactions, and in his general character—I never saw any thing otherwise.

Cross-examined by MR. HUMPHERY . Q. Was it after the service that the Pew-opener spoke to you? A. No, before, when I went into the chapel—I did not wait till the congregation came out, as I had received a note from the

Rev. Mr. Nickson, stating that he would take supper with me that evening and I went home to receive him—this is the note—( producing it. )

MR. JONES . Q. Did Mr. Nickson preach there that evening? A. He did—I know Mr. Nickson's handwriting—I have a letter which I received from him—( looking at the I O U )—I believe this name, "William Nick son, M.A." to be the late Mr. Nickson's writing.

ELLEN GREY . I am a married woman, my husband is a surgeon—I have known Dr. Bailey between two and three years—I have been in the habit of going to his house—I am acquainted with Mrs. Bailey—I know Queen-square chapel, where Dr. Bailey officiated—I have attended service at that chapel, in the course of the year 1841—I attended there several times in Aug,—I knew the late Mr. Robert Smith, I saw him attending the chapel several times—I was in the vestry-room of the chapel on the 12th of Aug., in the evening part, before the service—I saw Mr. Smith there that evening—the Rev. Mr. Nickson was in the vestry at the same time, and Dr. Bailey—I saw Dr. Bailey read over a paper which Mr. Smith gave him—I should think it was a paper similar to this—( looking at the IOU )—Dr. Bailey read it to himself—he made some objection to something in the paper, but what I cannot say—Mr. Smith said, to make it all right, Mr. Nickson and Dr. Bailey had better sign their names to this paper—and Dr. Bailey and Mr. Nickson both signed the paper.

Q. I do not know whether you actually saw the signatures, or merely saw them write on it? A. I only saw them write on it—after that was done, I left the vestry, and went into a pew of the chapel—Mr. Smith came out about a minute after me, and came into the same pew—Dr. Bailey read prayers that evening, and Mr. Nickson preached—Mr. Smith and myself remained during the whole of the service—after the service was over I left the chapel, and Mr. Smith overtook me at the Park-gates which part off the Birdcage-walk—when he overtook me we had some conversation together—I asked Mr. Smith where the money was to be put—he said it was some monies that was sent over by Miss Bailey, to be put into his hands, and it was a good thing for her, for if not she would fool it all away—I walked home to hit own door with him, No. 12, Great St. Andrew-street, Seven-dials—I then re turned home—I did not enter his house that evening, I parted from him.

Q. Now, on any other occasion than that did you see Mr. Smith? A. I saw him in the July before, at the chapel and at his own house—I had seen him several times at the chapel—I went into his house once, as he was going to lend me a book of sermons—he did not do so, he did not lend me any thing—I staid there about three or four minutes—I went into the front par lour—Mr. Smith was a middle-sized, very dirty-looking man, very pale and thin—I should think he was between sixty and seventy years of age—I can not say exactly.

Cross-examined by MR. HUMFERY . Q. You say your husband is a sur geon? A. Yes—his residence was in Exeter—I cannot say where he is living at present, because he is in the habit of travelling—I do not know with whom he is travelling now—I have been lately confined—it was in Novem ber—I was examined in the Court of Common Pleas in July.

Q. Did you then say that your husband had been at home for two months, and that previous to that he had been absent for nine months? A. I believe I said he had been home for two months, and that he had been home for a month, besides the nine months that he was away—he had been absent for nine months before the two months—he had been home more than that—he had been home for a month, then he was away, and then home for a month again.

Q. Now be very cautious, because your words were taken down; did not

you say that he had been home for two months, and that before that two months he had been away for nine months? A. I know I said that he had been home for two months, but I do not know exactly whether I said he had been home for the month before—I cannot swear I did not say that he had been home for two months, and that for nine months before he was absent from England—I am now living in Blackfriars-road, at No. 5, Angel-place.

Q. Under what name? A. Mrs. Grey—I do not go by any other name—I go under no other name than Mrs. Grey—I have never been called by the name of Hart since my examination at the trial, that I swear—I have never been called by the name of Hart, nor by any other name than Grey—I will not swear I have not—I have gone by the name which my husband wished—have I any right to state it?—it was my husband's wish that I should go by another name—I am subpœnaed here by the name of Grey, to answer anything concerning Dr. Bailey, and not anything concerning my private family affairs.

Q. I want to know by what name you have been passing and living, since I examined you in the Common Pleas in July? A. I do not think I have a right to answer—I have only gone by one other name—if his lordship says I must tell what that name is, I will.

MR. HUMFREY . If you choose to decline it I will not press it. Witness. Then I decline it—I last saw my husband at the latter end of Dec. last—I was living with him then—I do not know with whom he is travelling now—I cannot say where he is at present—he has no shop, or house, or any place of business—he never had—he is travelling somewhere about down in Devonshire—I had been in the habit of frequenting Dr. Bailey's chapel about eighteen months before had seen Mr. Smith at Dr. Bailey's chapel several times—he and I generally sat in the same seat—I cannot say how often I have sat in the same seat with him—it might have been a dozen times—it might have been more—I do not know about its being the same seat that we sat in on this night—there are different seats for strangers—we sat in the same seat on that night—I usually sat in the same seat with him—the pew-opener has put me into the same seat the has put me into the same seat, it might be, more than a dozen times, it night be less—I never gave the pew-opener anything, and never saw Mr. Smith give her anything—I think I was first acquainted with Mr. Smith about the beginning of July, 1841.

Q. Remember what you have said before; did you not see him first of all in May? A. It must have been in May—I used to attend the chapel on a Thursday evening—I saw Mr. Smith in May—I do not think I walked home with him in May—I do not exactly recollect what month it was that I walked home with him—the first time I walked home with him I did not know his name—he talked to me on religious subjects—I cannot tell you of any one who ever saw me with him—he asked me to walk home with him, and I did—I did not go into his house on the first occasion, I only walked to his house, and then left him—he let himself in—I walked home with him again in July, I think—that was when we had been attending chapel together—we sat in the same seat, and got into conversation—I went into his house with him on the second occasion—I did not know his name then—I staid in the house about three or four minutes—I went in for a book of sermons which he was going to lend me—I did not get it—he could not find it—I do not recollect whether he asked me to sit down—he looked for the book in a book-case—he did not ask me to stay when he could not find it—I walked home with him again on the 12th of August—I did not know his name then; oh, yes, I knew his name then—I had learnt it in the vestry that evening—until that evening I never knew his name, or who he was—when he entered the

vestry Mr. Nickson was there—he shook hands with Mr. Nickson, and said, "How do you do, Mr. Nickson?" and Mr. Nickson said, "How do you do, Mr. Smith?"

Q. Have you ever lived in Dr. Bailey's family? A. I have, for four or five months, or more—I cannot say exactly—it was some time before the trial—I only lived in his family on one occasion—it was last Christmas twelve months, 1841—I heard of Mr. Smith's death—I did not hear exactly that Dr. Bailey had made a claim on his property—I did not hear anything from Dr. Bailey about it—I heard of Mr. Smith's death at Dr. Bailey's, from Miss Walker, his sister-in-law—it was the Christmas after the 12th of Aug. that I went to live in Dr. Bailey's family—I have not had any money from Dr. Bailey—I never applied to him for money—I swear that, or to Mrs. Bailey—this letter ( looking at one ) is not my writing—it was not written to Dr. Bailey by my direction—it was written by my direction to Miss Bailey.

Q. On your oath, have you not applied either to Dr. or Miss Bailey for money? A. Not concerning anything of this trial.

MR. JONES . Q. If you have made any application, has it been otherwise than in writing? A. Only in writing.

MR. HUMFREY . Q. Have you received do money either from Dr., Mrs., or Miss Bailey? A. From Miss Bailey, I have, my own money—I had let Miss Bailey have some money to keep for me, about 4 l . or 5 l .—I let her have it at different times, at the time I was there, I asked her to keep it for me—Dr. Bailey has been surety for me to a Loan-society.

Q. Allow me to ask how your acquaintance with Dr. Bailey commenced? A. Through a lady, a Mrs. Harcourt, who lived at Stoke Newington—I do not know whether she is alive—I have been living where I am now living, about a month or six weeks—I came there from Euston-square, not from Euston-square, but from one of the streets leading out of the square, Whittle-bury-street—I lived there about a month—I came there from Henry-street in the Borough—I lived in several places while I attended Dr. Bailey's chapel—I had a mother—she was not in the habit of going with me to Dr. Bailey's chapel—I went by myself sometimes, and sometimes my sister went with me—she is not here—I do not know where she is at the present time—she may be at home for aught I know.

Q. How frequently did you go to Dr. Bailey's chapel while living in Henry-street? A. I generally went on a Sunday, and in the week-days sometimes once a-week, and sometimes once a fortnight—I know Caroline Laxton—she and I did not go together to the trial at the Common Pleas—we met at the Court-house—I have not seen her lately—I have not seen her since July, the last day of the trial—my mother lives in Angel-place, Black-friars-road—she has lived there the same time as I have, about a month—she never lived in Dr. Bailey's family, not at any time.

Q. How lately had you seen Dr. Bailey before he was taken into custody? A. I think more than two months before—I heard about a fortnight ago of his being taken up—I am living with my mother now—we have not got lodg ings—we have the house—we do not take lodgers—the house consists of three rooms, a sitting-room and two bed-rooms—my brother lives in the house—he is a manufacturer of steel pens—his name is Pike—my sister also lives in the house, and I have two children—nobody else lives in the house—we have a servant—her name is Lydia Wright—she did not come to us from Henry-street—she lived with us in Henry-street—I have been in the habit of seeing Dr. Bailey write—( looking at paper G)—I believe this to be his handwriting—I cannot swear to this (H), it is much like his handwrit ing—I could not take on myself to say it was—I should not think it was—I do not believe the whole of this first sheet to be his handwriting—some of the

letters on the second sheet, are like his, but I do not believe it to be his writing—I should think this third more not his—the fourth sheet, I think, is more his handwriting—I think that may be his—yes, I think it is—I think this fourth sheet is—I do not think the fifth is, nor the sixth—( these six sheets marked (H) contained the statement, headed "Fl-ng." )

MR. JONES . Q. Is your husband a very young man? A. Yes—he has been in the habit of travelling about the country with invalid gentlemen, and of being absent from home for some time, without my knowing exactly the place he is at—he came home about a fortnight after I was confined, and re mained till December—I do not know whether he has gone on another jour ney of that sort—he has gone into the country—I am in the habit of hearing from him when he is away—my husband has a particular reason for my pass ing by another name, on account of some debt—I know Miss Bailey, the doctor's sister, very well indeed—I lived in the family altogether five or six months—I cannot say exactly—it was during that time that I gave her this money to keep for me—she was there—I went there as an attendant and companion to Mrs. Walker, whose daughter was in an ill state of health, and is since dead—I have got back some of the money from Miss Bailey—my hus band was at home about the July before I was confined—he had been at home at short periods before that, at different times, four, five, or six months.

REV. EDWARD SCOVELL . I am a clergyman of the Established Church. I was acquainted with the Rev. Mr. Nickson—I have constantly received letters and notes from him, and am acquainted with his handwriting—I have seen him write—( looking at the "I O U" )—I have no doubt in my own mind that this signature is his writing, but it certainly is not his usual style of writing, inasmuch as it is written in a very tremulous hand, but I should have no scruple in saying it was his writing, but it is very much disguised—with all the tremulousness I should have no hesitation in saying it is his handwriting—I have known Dr. Bailey four on five years—I always looked upon him as a man of considerable talent, and he has given me no occasion to doubt his integrity—I never heard any thing in disparagement of his gene ral moral character.

Cross-examined by MR. HUMFREY . Q. Do you know Dr. Bailey's hand writing? A. I have received notes from him, but I am not able to speak to his handwriting—it is very often customary at churches to sign the name of the preacher in a book—I have never known an instance of a detached piece of paper being signed as an evidence of having preached.

MR. JONES . Q. It is usual to keep such a book in a chapel or church? A. Very usual—it is not universal—the clergyman enters his own name.

REV. PETER HALL . I am a clergyman of the Church of England. I knew the late Rev. Mr. Nickson, and knew from him of his having occa sionally performed duty at Queen-square chapel—I never saw him write—I have received several letters from him, which I have acted upon as being his handwriting, and by that means 1 have obtained a knowledge of his hand writing—the name of "Nickson" on this" "I O U" I should quite think was written by Mr. Nickson—I have had a slight acquaintance with Dr. Bailey—I think it is about three years since I first saw him, but my acquaintance has not extended beyond two or three interviews with him, and I think I have once or twice had communications from him in writing—he has been known to me that period—I have lived very near him—I knew him as the minister of Queen-square chapel—he has occasionally preached in the chapel where I now officiate, and his ministry was very highly valued there—I think he has borne the character of a moral, upright man, quite so.

Cross-examined by MR. HUMFREY . Q. Did you attend at the trial at Guildhall? A. Yes—I heard the greater part of the witnesses examined—I

heard the Bishop of Rochester and others examined on the part of Mr. Smith.

Q. Do I understand you to say, that now, after what you then heard you believe Dr. Bailey to be a moral man? A. That was not the ques tion I was asked—I do not say any thing of impressions left on my mind by that trial—down to that trial I thought him quite so—I should have had no hesitation in asking him to preach to my congregation any day—if I am to take that trial into question, I should say there were unfavourable im pressions left on my mind—I think his character as a moral, upright man has been very much questioned.

MR. JONES . Q. Have you ever heard anything against his character, ex cept in relation to the subject of this investigation? A. Never.

MR. HUMFERY . Q. Do you know his handwriting? A. I do not, not to state it.

SARAH BURBERRY . I knew Mr. Robert Smith, the deceased—I saw him several times in Aug. 1841—I remember seeing him on the 12th of Aug.—I saw him at his own house in the morning—he asked me if I would go to the doctor's chapel in the evening, and I said I would go—he said he was then going to transact business with the doctor, concerning money of Miss Bailey's—I have heard Mr. Smith say that he had large sums of money of Miss Bailey's in his possession—I have been in Mr. Smith's house—when I have been there, I have seen an account-book on his table—I have beard him say that that was where he kept an account of the money that he had of Miss Bailey's—I saw the book lying on the table—I did not have it in my hand—I saw that it contained figures.

Cross-examined by MR. HUMFREY . Q. Where do you live? A. In Star-street, which leads out of the Edgeware-road—I have lived where I do now about six weeks, I moved there from another house in the same street, No. 19—I lived there, I think, about two months, it might be more—before that I lived in Robert-street, Davies-street, which leads from Oxford-street—I lived there about nine months—before that I lived in the Harrow-road, I do not know the number—it is at the corner of the Harrow-road and Paddington-green—I lived there about six months—I am a dress-maker.

Q. How long have you known Dr. Bailey? A. I have not known him personally long, I have only been in the habit of attending his chapel—I have known him from seeing him at Queen-square chapel—I knew Mr. Smith a very long time, several years, ten or twelve years—my father knew him.

Q. For the last five years Mr. Smith was in the habit of regularly calling on you once a week, every Friday, was he not?—( examining the witness from paper marked "J," one of those found by Pearce at the prisoner's house.) A. No, he was not so often as that—I do not think I ever told any body that he was—I do not think I ever told Dr. Bailey or any one else so—he did not call so often as that—I never mentioned that he called on me regularly every Friday—I have heard him say that Dr. Bailey was the son of one of the oldest and most respected friends he had in the world—it was in consequence of Mr. Smith's recommendation that I went to Dr. Bailey's chapel.

Q. First of all, you went to his chapel four or five times of a Thursday evening only? A. Yes—the first time I went I called for Mr. Smith, and went with him.

Q. Just look at that paper (J) tell me when you first saw it? A. I never saw it—the first time I went to the chapel I called for Mr. Smith, and accompanied him, and sat in the same pew—about three years ago, Mr. Smith told me that he was managing Miss Bailey's property for her—he said he had Miss Bailey's affairs in his hands, and spoke of her

as having a great deal of money—when I called on him on the 12th of Aug., it was quite by accident—I saw a paper on his table, which was not quite dry—I did not read it—he did not put it into my hands, saying, "Read that"—I am sure of that.

Q. Did he not say to you, "Read that, and see what confidence a lady, that I never saw in my life, puts in me?" A. He said that he bad never seen Miss Bailey—I do not recollect his saying, "Read that, and see what con fidence a lady, that I never saw, puts in me," or any thing of the sort—he advised me to be as saving as Miss Bailey—he did not add, and then I should soon get as much money of my own—he did not say he was obliging Miss Bailey much more than himself, by taking charge of her money, and that neither she nor her father would ever have had a farthing, only for him—I did not read the paper.

Q. Was it not an acknowledgment for 2800 l . odd? A. I do not know whit it was—he told me that he had money of Miss Bailey's in his posses sion, I cannot tell the sum—he said he had been to Dr. Bailey in the morn ning, and had made an appointment to be at his chapel that evening—he told me he was going there on business concerning the money—he told me he wished particularly to go to the chapel, because the doctor, in the morning, had told him, that that evening was to be the last Thursday evening service, and he jokingly remarked, that the doctor had lately got a large pro perty by his father's death, and was getting tired of preaching—I went to the chapel that evening, but I was a little late—I did not see Mr. Smith and the clergyman that preached sitting in the same pew, in tht middle of the chapel—they were not in the middle of the chapel, it was a side-pew, by the pulpit—Mr. Smith, a lady, and the clergyman, were in the same pew, at one side by the pulpit—there was only one lady—there were not "just two ladies"—I was not to say that I was sure there were just two ladies—Dr. Bailey only read prayers—he was expected to preach—I felt very much disappointed that he did not preach—I did not wait to speak to Mr. Smith, because I thought he was engaged.

Q. Did not Mr. Smith, as usual, call on you on Friday, Sept. 9th, 1841, in the evening? A. Yes, he said he was going to see Dr. Bailey, and was obliged to hurry away—I was not well acquainted with Mr. Smith's writing—I never told Dr. Bailey that I was—I could not wear to his writing, I do not know that I ever saw it—to the best of my belief I never saw Mr. Smith's writing.

MR. JONES . Q. Had you ever any business with him, that required that you should see his writing? A. No—I was not called as a witness on the trial at the Court of Common Pleas—since that time I hare stated what I knew of this transaction to Mr. Hill.

Q. And to Dr. Bailey? A. Yes—I did not send him any statement in writing, nor did he take down what I knew—I told him what I have stated to-day—I saw the account of the trial in the newspapers, and I afterwards stated to Dr. Bailey and Mr. Hill what I knew.

( Notice to produce the account-book referred to by thit witness, was admitted by the prosecutor's Counsel. )

CATHERINE GLANVILE . I was in Dr. Bailey's service—I went into his service on the 25th of April last—I was not in his service before that—I was in the habit of attending his chapel between two and three years before I went into his service—I was not a regular attendant, I went occasionally. I knew the late Mr. Robert Smith—I have seen him at the chapel in the course of the year 1841—I saw him in August that year—the last time I saw him at the chapel was on Thursday, the 12th of Aug., about seven o'clook in the

evening, before the service began—I saw him in the second pew from the pulpit—one person was in the pew with him—that was Mrs. Grey—I know this was on the 12th of Aug., because it was the last time I was there on a week-day—I was examined at Bow-street, but nowhere else.

Cross-examined by MR. HUMFREY . Q. You knew Mr. Smith for many years? A. Yes—I now live at No. 16, Strutton-ground—my mother does—I live at Dr. Bailey's—I have been backwards and forwards there ever since the 25th of April last—he never applied to me to be a witness—I knew he had a trial, after the trial was over, but not before—I was living at Dr. Bailey's at the time of the trial—Dr. Bailey did not give me any paper in writing.

Q. Well, but I can read a good deal to you that you have got to say; many persons pointed out Mr. Smith to you as the rich old miser, did they not? ( referring to paper marked "K") A. Yes—I often saw him at his own window and his own door—I have seen him two or three times at Queen-square chapel, and I saw him at the chapel on the second Thursday in Aug.—he sat in the second pew from the pulpit, the minister's pew—there was one lady in the pew.

Q. Recollect yourself: was he not there with two ladies, and the Rev. Mr. Nickson? A. I believe there were two, I am not sure—after the prayers, Mr. Nickson left the pew for the vestry, to put on his gown to preach—I did not get there till after service began—I remember particularly that it was the last Thursday in Aug., for there was service only on two Thursdays after Dr. Bailey returned from Ireland, where he had been the whole of June and July—this was the last of the two Thursdays, and the last Thursday evening on which there was service—I remember it was the minister's pew in which Mr. Smith sat, for I wondered to see him in that pew at all—I had never noticed him in the minister's pew before—I left the chapel that evening among the first, and could not see Mr. Smith going out—Mr. Nickson preached on both Thursday evenings after the doctor's return from Ireland—I remember this, because I felt great disappointment at not hearing the doctor himself.

MR. JONES . Q. How long did you continue in the doctor's service after the trial? A. I should have been in the service ever since, but I left on ac count of illness, and was obliged to go to the hospital—I returned again a month from this time—after the trial was over, I spoke to Mrs. Bailey about what I knew about Mr. Smith—I did not speak to the doctor—he did not speak to me about it—I told Mrs. Bailey all I knew about it—I believe the doctor knew I was in the habit of attending his chapel—I did not attend the chapel while I was in the doctor's service—Mrs. Bailey did not write down what I told her—she did not write it down before me—I am not certain whe ther there were one or two ladies in the pew with Mr. Smith—I am sure Mrs. Grey was there, and Mr. Smith.

Q. When you told what you knew to Mrs. Bailey, was anything said about applying for a new trial, do you remember? A. No—I heard that there was to be a new trial—I knew that my evidence was wanted for that purpose—I was taken to Bow-street by Mr. Flower, the attorney for the pro secution, as a witness for him—I was examined there—I was taken out of the hospital to the police-office.

REV. FRANCIS BASSETT GRANT . I am a clergyman of the Established Church. I have known Dr. Bailey for about four years—I never heard any other character of him than the most favourable—I had the most perfect con fidence in his integrity and uprightness.

Cross-examined by MR. HUMFREY . Q. Do you know his handwriting? A. Yes, I think I do—I have no hesitation in saying that I think these

papers are his handwriting ("J" and "K")—I have some doubts about this ("I")—it resembles his—the others I am perfectly clear about—this is very much like his writing—to the best of my belief it is his.

MR. JONES . Q. You are not so certain about that? A. No.

ROBERT BROWNING . I am office-keeper to the Commissioners for building New Churches. I have known Dr. Bailey since 1839—he lodged with me twelve months, and during that time, and subsequently, he has borne the best of characters possible.

Cross-examined. Q. Did you ever see Mr. Smith, the rich miser, in your house while he lodged with you? A. No, certainly not.

MR. JONES . Q. Did you know anything of him? A. No—I reside in George-street, and my house is in Bridge-street—Dr. Bailey did not lodge in the house where I lived, but in another house where my family lived.

Rev. Richard Hodgson; Rev.—Barber; Jobn Elliott, bookseller, Mortimer-street, Cavendish-square; Edmund Dawe, map-mounter, No. 6, Catherine-street, Queen-square, Westminster; Patrick Townsend Lightfoot, gentleman, James-street, Buckingham-gate; William Henry Pert, apothecary to the Western Dispensary, No. 23, Charles-street, Westminster; John Cox, carpenter and undertaker, No. 42, Orchard-street; Thomas Pool, solicitor, No. 6, South-sqaare, Gray's-lnn; Judith Waghorn, lodging-house keeper, Tunbridge Wells; Rev.—Bickle; William Briden, Parliamentary agent, New Palace-yard, Westminster; and James Briden (brother to last witness); also deposed to the prisoner's good character.

The payers "J" and "K" were as follows :—

(J) "B—b—y—My father knew the late Robert Smith, ironmonger, 7, Great St. Andrew-street, Seven-dials, for at least thirty years—for the last five years he regularly called once a-week, every Friday, to see my mother—about three years ago he first mentioned the Rev. Mr. Bailey to us, for he highly recom mended his ministry to us, and told us 'he was the son of one of hit oldest and moat respected friends in the world'—in consequence of Mr. Smith's recommendation, I did go to his chapel, in Queen-square, four or five times, on Thursday evenings only; and the first time I went, I called for Mr. Smith, and accompanied him, and sat in the same pew with him—Mr. Smith, about three yean ago, told us he was managing Miss Bailey's property for her, and he spoke of her as having a great deal of money—I happened to call on Mr. Smith the 12th of August, 1841, in the middle of the day, and he had just written a paper, which was not quite dry, and he put it into my hands to read, saying, 'Read that, and see what confidence a lady that never saw me puts in me;' and he advised me to be as saving as Miss Bailey, and I should soon get as much of my own—he also said he was obliging Miss Bailey much more than himself, by taking charge of Miss Bailey's money, and that neither she nor her father would ever have had a farthing, only for him—I read the said paper, and it was an acknowledgment of 2,800 l . and some odd pounds, which Mr. Smith acknowledged he owed to Miss Baileys—he said that he had been at Dr. Bailey's house in the morning, and had made an appointment to be at his chapel that evening, to give him the said acknow legement; and he wished me to go to the chapel, because the doctor, in the morning, had told him that that evening was to be the last Thursday evening service; and at the same time he jokingly remarked, 'The doctor has lately got a large property by his father's death, and is getting tired of preaching'—I consequently did go that evening, but I Was a little late—I saw Mr. Smith, and the clergyman who preached, sitting in the same pew, in the middle of the chapel, with two ladies—I am sure there were just two ladies—Dr. Bailey only read prayers—I felt much disappointed that Dr. Bailey did not preach

—I thought that Mr. Smith was engaged, and I did not wait to speak to him—Mr. Smith, as usual, called on me on Friday, the 9th of Sept., 1841, in the evening; but he was obliged to hurry away, because he said that he expected Dr. Bailey at the Seven-dials that evening, by appointment, concerning Miss Bailey's affairs; and he also spoke of having seen the doctor that morning, but I forget whether at Mr. Smith's house, or at Dr. Bailey's house—I am well acquainted with his writing."

(K) " Ca—h—rn— I have known Mr. Smith, of 12, Great St. Andrew-street, Seven-dials, for many years—I first saw him in Pitt's, and often afterwards—many persons have pointed him out to me as the 'rich old miser,' and I have often seen him at his own window and door—I have seen him two or three times at Queen-square chapel—I saw him in the chapel on the second Thursday of Aug., 1841, and he sat in the minister's pew, with two ladies and the Rev. Mr. Nickson, but Mr. Nickson, after prayers, left the pew for the vestry, to put on his gown to preach—I went to chapel after service began—I remember it was the second Thursday of Aug., 1841, for there was service only on two Thursdays after Dr. Bailey's return from Ireland, where the doctor had been the whole of June and July, and this was the last of the two Thursdays, and this also was the last Thursday evening on which there was service—I re member it was the minister's pew in which Mr. Smith sat, for I wondered much to see him in that pew at all, and I had never noticed him in the mi nister's pew before—as I left the chapel that evening among the first, I could not see Mr. Smith going out—on both the Thursday evenings after the doc tor's return from Ireland, the Rev. Mr. Nickson preached; and I remember this, for I felt great disappointment at not hearing the doctor himself preach."

GUILTY . Aged 36.— Transported for Life .

OLD COURT .— Thursday, February 2nd , 1843.

Fourth Jury, before Edward Bullock, Esq.

595. MARY HOWARD was indicted for stealing, on the 29th of July , at St. Marylebone , 1 tea-pot, value 4 l .; 2 coats, 8 l .; 1 pair of trowsers, 1 l . 5 s .; and 1 waistcoat, 15 s .; the goods of John Horace Tabrum , her mas ter, in his dwelling-house; to which she pleaded

GUILTY . Aged 50.— Confined Twelve Months .

596. EMMA TREAR , alias Treer , was indicted for stealing, on the 8th of June , 1 watch, value 5 l . 5 s .; 1 watch-ribbon, 1 s .; and 1 watch-key, 3 d .; the goods of Margaret Wallace .

MARGARET WALLACE . I am now servant to Captain Ferguson. At the time in question I lodged in Charles-street, Berkeley-square—the prisoner took a lodging in the same house—I had a watch—I saw it round the pri soner's neck—she asked me bow I wore it—I told her—she went into the other room, as I thought, to put it down, and never returned—I missed it directly she was gone, and never saw it again—I never saw the prisoner again till last Saturday week.

JOHN BARKER . I am a policeman. I took the prisoner into custody on the 18th of January—I know nothing of the watch.

ELIZABETH LOWNDES . I live in Charlotte-street. I know the prisoner very well—I know nothing about the watch.

Prisoner's Defence. I never saw the watch; nobody in the room saw me with it; she has done this through spite.

NOT GUILTY .

597. EMMA TREAR , alias Treer , was again indicted for stealing, on the 4th of January , 1 shilling, the money of Frederick Wright .

ELIZABETH WRIGHT . I am the wife of Frederick Wright, a card-maker, in Brompton-square. On the evening of the 3rd of Jan. I was going along Brompton-row, and met the prisoner—she asked me if I knew of a lodging—I said I did not—she asked me to go with her along the road to look for one—she asked somebody else for a lodging—I went with her to Caroline-place, and the took a lodging—she called on me next day at my own house—she had a parcel—she sent somebody out to get bacon and butter for tea—I lent her 4 s . 10 d . altogether—I went with her to the Duchess of Gloucester public-house—she left me in the Park, to come home by myself—before we went out I had fasted all the doors up, and she insisted on it that I had not fastened them—I went down to see, and they were fast—there was 1 s ., on the shelf when I went down, and I left her in the room—the doors down stain were fast be fore I left the house—when I came home, at half-past eight o'clock, I missed the shilling off the mantel-piece, and 8 s . 1 d . out of the table-drawer—I had suspicion, and went to her lodging next morning, and she had not been home—I went to the Duchess of Gloucester, where she had told me the kitchen maid was her sister, but they did not know anything of her—I saw no more of her till she was in custody—when I opened the parcel she brought, it was only the skirt of a gown; she told me it was a dress.

ANN GOVE . I am a widow, and live in Caroline-place, Tredegar-square. The prisoner took a lodging at my house on the 3rd of Jan. and the follow ing day, I accompanied her to Wright's lodging—I went into the house with her, and remained there three or four hours—previous to leaving the house she said the doors down stairs were not fastened—Wright went down to see if they were—while she was gone the prisoner rose up and lifted the image from the mantel-piece, took a shilling from under it, and put it into her right-hand glove—she said she had put a shilling there, and was not going to leave it there—I thought it was hers—Wright came in, and we all went out together.

ELIZABETH SPEARING . I am the wife of William Spearing, and live in James-street, Covent-garden. On the 11th of Jan. the prisoner came to my house for a lodging for the night—I had not got a bed—she said the was locked out from her service, as she had been to the play, and that she lived at Mr. Rockley's, in Russell-street—I sent her where I thought she could get a lodging—she returned, and said she could not get a bed there—I allowed her to walk into the bar, and she sat there all night—she was there from half-past twelve o'clock till eight next morning—about four we had some tea—she borrowed 3 s . of me—she said she would return it at eight, and make me a compliment—my servant went out with her, to go to Mr. Rockley's—they came back together, and the prisoner said she was afraid she should lose her place, as she was not to go in-doors till ten, when she could see Mr. Rockley—she went out again atten, and never returned.

NOT GUILTY .

Before Mr. Justice Maule.

598. JOSEPH SMITH and MARY ANN SMITH were indicted for feloniously, and without lawful excuse, having in their custody and posses sion a mould, on which was impressed the obverse side of a sixpence.

MESSRS. ELLIS and BODKIN conducted the Prosecution.

GEORGE TREW . I am a policeman. On the 21st of Jan., in consequence of information, between ten and eleven o'clock, I and Malin went to No. 11, Castle-alley, to the second-floor room, leaving some policeman below—I found

the room-door closed, listened, and heard somebody inside, I opened the door, and found a table close against it, pushed it aside, and got in, and found the two prisoners, the male standing close to the fire, with his face towards it, and the woman a yard or a yard and a half from him—the man had a mould in his left hand—the moment I opened the door he threw it down—it struck the hob, and flew in pieces—we took hold of the prisoners—they were thrown on the bed, and secured—they both said, "By G—d, what shall we do?"—I looked at the fire-place, and saw a spoon on it with white metal in it, in a fluid state—I looked about, and saw a quantity of broken moulds, as I sup posed, and saw Alderman find, among the pieces in the fire, a piece of metal with the head side of a sixpence on it—it was quite hot—he could not hold it—I saw some plaster-of-Paris in a paper bag on the table—at this time the man flew from the foot of the bed to the fire-place, and snatched a piece of coin off the hob where the broken mould was, which I supposed to be a six pence with a get to it—he put it into his mouth—I seized him by the throat, but could not prevent his swallowing it—he said, "It is no use, it is gone"—his lips and tongue began to swell very much, as if burnt—he asked for water, which I gave him, and said, "You have burnt your mouth"—he said, "Yes, I have; you do the best you can for yourself, and I am doing the best I can for myself"—another piece of mould was found in the fire-place—nobody else was in the room.

Joseph Smith. Q. Why not take the mould out of my hand? A. You threw it out—I had not been in the room half a minute.

Mary Ann Smith. I was not standing near the fire; I was making a bed quilt. Witness. She was standing—I did not see any quilt in her hand—there was one on the bed—it was after the man was handcuffed that he went to the fire, and took the sixpence.

WILLIAM ALDERMAN . I am a police-sergeant. I went with other con stables to the house—on entering the room the prisoners were in custody—I went to the fire, and found metal in a liquid state, boiling in this spoon—some of it ran into the fire—I found in the fire part of a mould with the impression of a sixpence—I saw the male prisoner attempt to swallow something—Trew laid hold of his throat—I heard him say, "It is no use, I am doing what I can for myself," and called for water—his lips and tongue swelled very fast—I found a file—Ball found several pieces of plaster-of-Paris mould.

THOMAS MALIN . I am a policeman. I went with the officers, and assisted in securing Robert Smith—when I entered, he had part of a mould for a counterfeit sixpence in his left hand—I saw some metal in it before he put it out of his hand—I took a piece of a plaster-of-Paris mould out of his hand, which I produce—after he was handcuffed, he got off the bedstead, darted forward to the fire, clawed something out, put and it into his mouth—he appeared to swallow something very hot, and his tongue was covered with plaster-of-Paris—he said, "It is no use, it is gone"—I said, "You have burnt your mouth pretty well"—he said, "I cannot help that, I have done the best I can for myself," and begged for water.

GEORGE BALL . I went with the other constables to the room—I found a saucepan-lid hot in the stove, and some pieces of metal, which dropped from the fire quite hot, and a half-pint pot—there was a very bright fire—I said, "Here is a half-pint pot"—Robert Smith said, "Yes, that is mine"—the woman said, "No, Joe , don't say that, for I found it"—I found a plate and spoon, which appeared to have been mixing plaster-of-Paris—here is some on it now—I found a quantity of plaster-of-Paris and several pieces of mould.

MARY BRYAN . I am employed to look after No. 11, Castle-street, by Harley, the landlord. The prisoners both took that room of me about two

months ago—they were both together—the female paid the rent—I have seen them go out together in the morning—they rented the second-floor front room.

MR. JOHN FIELD . I am inspector of counterfeit coin to the Mint. This is a plaster-of-Paris mould impressed with the obverse side pf a sixpence—this iron spoon appears to have had melted metal in it—it has white metal in it now, which counterfeit coin is usually made of—here is a file which would remove superfluous metal from coin, and plaster-of-Paris in powder similar to that the mould is made of.

Robert Smith's Defence ( written ). "I am entirely innocent; had anything been going on in my place, should I not nave locked the door to prevent anybody entering?"

NOT GUILTY .

599. RICHARD RAWLINSON , alias John Brown, alias Richard Ro nayne , was indicted for feloniously and knowingly uttering, on the 9th of January , a counterfeit crown, he having been previously convicted of passing bad money.

GUILTY . Aged 22.— Transported for Ten Years .

600. SAMUEL RICHARDSON , alias Henry Fowler , was indicted for feloniously and knowingly uttering, on the 6th of Jan ., a counterfeit shilling, to Mary Ann Cowdery , he having been before convicted of uttering counter feit coin.

MESSRS. ELLIS and BODKIN conducted the Prosecution.

CALEB EDWARD POWELL . I am assistant solicitor to the Mint. I produce a copy of the record of the conviction of Samuel Richardson at this Court in Jan., 1838—I have examined it with the record—it is correct—( the record being read, stated that the prisoner was ordered to be confined in the House of Correction for two years. )

GEORGE HOARE . I am Deputy Governor of the House of Correction. I re ceive prisoners, who are convicted, here—in Jan., 1838, I received a person named Samuel Richardson, sentenced to two years' imprisonment, with hard labour—the prisoner is that person.

Cross-examined by MR. HUDDLESTON . Q. Were you at the trial? A. No—here is the order of the Court to receive the prisoner—there was no other of his name from that Sessions—he was two years in the jail.

MARY ANN COWDERY . I manage the business of the Crown and Still, Clare-street, Clare-market. On the 6th of Jan., about ten minutes to four o'clock, the prisoner came there and called for half-a-pint of beer, which came to 3/4 d . he gave me a shilling—I gave him change, and put the shilling into the till—he left, and Lonsdale came in instantly—I gave him the shilling, having bit it, and found it was bad—there was no other in the till.

Cross-examined. Q. Are you the bar-maid? A. Yes—it was dusk—the till has divisions in it—I had been at the bar about ten minutes—I am not quite certain the prisoner was the person.

MR. BODKIN . Q. You opened the till to put the shilling in? A. Yes—there were fourteen sixpences, but I am certain, there was no other shilling there—the policeman came in instantly.

ADOLPHUS LONSDALE . I am a policeman. On the 6th of Jan. I was on duty near Clare-market—the prisoner was pointed out to me—I followed him to the Crown and Still—he went in—I saw him come out, and kept my eye on him—I followed him—he went to the Old Ship in Chichester-rents, and came out—I watched him into a public-house in Fetter-lane—he went into the tap-room—I went in, and said I wanted to speak to him, and he must go

to Bow-street with me—he asked what for—I said I would tell him when we got there—as we crossed New-square, Lincoln's-inn, he wanted me to ride in a cab —I would not—he then asked me to have something to drink—I said no—he then said, "I hope you will act like a man to me?"—I said I would—he said if he got through it he would make it up to me—he made a sudden stop in Russell-court, and three men came up to him—he said something to me of them, which I did not hear—he then put his left hand into his side-coat pocket, and passed something to the man backwards—I could not see what it was—I saw him drop a lemon and bad shilling from his pocket, which was partly turned out at the time—I produce that shilling and an other I received from Cowdery—I found on him at the station six half-crowns, three shillings, eight sixpences, three fourpenny pieces, and 10 d . in copper, all good.

Cross-examined. Q. How many public-houses did he go to? A. Three—a boy behind took up the shilling he dropped from his pocket, and gave it to me—I held the prisoner's right hand—he was on my left side, and the three men on his left—I was fearful they were going to rescue him, and, on looking round, saw him throw something to them—he dropped the shilling at the same time—the men ran away, and did not attempt to pick it up.

MR. BODKIN . Q. Did you see the shilling drop from him? A. Yes, and never lost sight of it till the boy took it up—I found no farthings on him—the boy is not here.

MR. FIELD . The two shillings produced are both counterfeit.

NOT GUILTY .

601. CHARLES MEEK was indicted for feloniously forging and uttering, on the 2nd of Nov ., a certain request, for the delivery of 2 horse-cloths and rollers:— also, for forging and uttering, on the 16th of Nov ., a request for the delivery of 2 pairs of horse-rugs and rollers:— also, for forging and ut tering, on the 8th of Dec ., a request for the delivery of 1 pair of horse-blankets and rollers:— also, for forging and uttering, on the 7th of Dec ., a request for the delivery of 1 pair of horse-rugs and rollers, with intent to defraud George Palliser ; to all of which he pleaded

GUILTY . Aged 34.— Recommended to mercy by the Prosecutor, being in reduced circumstances. — Transported for Ten Years .

(Christopher Phillips, butter salesman, River-terrace, City-road; John Jenks, goldsmith, of Spring-street, Clerkenwell; Henry Wild, gold-chaser, of Queen-street, Clerkenwell; William Baker; and James Cotton, of Gough square, engraver; gave the prisoner a good character.)

602. PHILIP AUSTIN GUICHE was indicted for feloniously forging and uttering a warrant and order for the payment of 50 l ., with intent to de fraud Abraham Wildey Robarts and others.—Other COUNTS , stating his intent to be to defraud Robert Lindsay , and Richard Twining and others.

MESSRS. BODKIN and DOANE conducted the Prosecution.

EDWARD PARIS . I am clerk to Richard Twining and others, bankers and tea-dealers, in the Strand. On the 10th of Jan. the prisoner came to the counting-house, and gave an order for some tea, which he said was for Captain Robert Lindsay—I wrote down what he said—this is the memorandum I made at the time, "Captain Robert Lindsay, Glenavon, Tairbach, Margan, Glamorganshire, South Wales"—when I had taken down the order he wished to pay for it, and gave me a 50 l . cheque on Robarts and Co.—this is the cheque—the amount of the goods he ordered was 35 l . 15 s .—at the time he produced the cheque, he said he had other cheques, but this being nearer to

the amount of the bill, he paid me this—I asked him what change he would have—I do not exactly recollect what he wished to have—I made a commu nication to one of the principals of the house, and when I returned to the pri soner, I told him we could not give him change out of the draft, as we knew nothing of Captain Lindsay—we referred, and could find no order from him—the prisoner said he was going into Bishopsgate-street; that he had several commissions to execute for Captain Lindsay, and would get it changed—I told him, if he left the draft with us, we would send it to the bankers early next morning, and he could then call for the change about ten o'clock, or we would send it anywhere in town for him—he named Miss Webbers, No. 28, Nottingham-place, New-road, to the care of Mr. Penn, butler—the goods were to be sent to the care of Messrs. Vivian and Sons, Paul's-wharf—on the evening in question I gave the cheque, for safety, to another clerk, named Chalklin—I received it again from him next morning, and then, by Mr. Twining' sinstructions, gave it to Mr. Nash—I afterwards received some money from Mr. Nash—I put up the change, which was the difference between the 35 l . odd and the 50 l . cheque in a piece of paper—the prisoner did not come for the change—after having sealed it in an envelope, and directed it, I left it myself at No. 28, Nottingham-place, I saw a person named Penn there, and left it with him—the goods have been received back from the wharf, at which they were left—he came with, the cheque about half-past six o'clock, after banking hours.

Prisoner. Q. Can you positively swear I am the same person that entered your counting-house? A. I can say you are—I am sure of it—I have no doubt of it.

---- CHALKLIN . I am in the employ of Messrs. Twining, tea-dealers, Strand. Mr. Paris handed me a cheque on Robarts and Co. for 50 l . on the 10th of Jan.—I gave him back the same cheque in the morning—I believe this now produced to be the same.

CHARLES FREDERICK NASH . I am in the service of Messrs. Twining. I received a cheque on Roberts for 50 l . from Mr. Paris—I believe this to be the same cheque—I carried it, by his direction, on the next day, to the banking-house of Robarts and Curtis, and received payment for it—I was present the day before when the goods were bought, and this cheque given in payment—I cannot swear to the prisoner—I am nearly sure it was him, but not sufficient to swear it—I believe him to be the same person—I had not the dealing with him.

Prisoner. Q. Were you in the counting-house? A. Yes.

ROBERT MORRISS . I am clerk in the banking-house of Abraham, Wildey, Robarts, and Co.—there are five partners. On the 11th of January this cheque was presented—I had some hesitation about it—I was not acquainted with Captain Lindsay's handwriting—I ultimately paid it by a 50 l . note—our house has an account with Captain Robert Lindsay.

ROBERT LINDSAY . I was formerly a captain in the East India service. I have a residence in Glamorganshire—it is called Glenarvon—Tairbach is the pott town, it is near Margan. The prisoner was in my service about two years and a half ago, for four or five months—while I was in Wales I paid him his wages, and on one occasion, to the best of my knowledge, I paid him by a cheque on Robarts and Curtis—I kept an account with them then, and have to the present time—he was going to London, and I think he asked for a cheque—this cheque is not my handwriting, nor was it written by my autho rity—I knew nothing at all about it till it was shown to me by the police—( looking at a cheque-book produced by Layland )—I do not remember ever having this book of cheques in my possession—it has not the same number as my

cheques bear—The number on the cheque in question is "A 725"—it is not my number—my number is in 5's—I do not exactly know—in the first part of July, 1842, I came out of the country—I did not about that time autho rise anybody to get a book of blank cheques from Robarts and Curtis for me.

Prisoner. Q. Do you recollect paying me at the time I left; did I ask for a cheque? A. I cannot say positively—you had the cheque, to the best of my knowledge—I think you were going to London, and asked for the cheque—I have it down "cheque"—I know nothing of your handwriting.

MR. MORRISS re-examined. The number stamped on Captain Lindsay's cheques is "A 725"—that is the number on this cheque—we did not refer to the register on this occasion—the number on this blank cheque-book is the same.

CAPTAIN LINDSAY re-examined. I will explain that—I went to the bank ing-house, and asked for a cheque—I got a blank cheque—it was not out of my regular cheque-book—I believe it was the same number—I got it across the counter—the blank cheque I got that day is the same number as those in this book—I believe I received it in July or August before I left London, as I wanted some money to put into my pocket, I went to Robarts's, asked for a cheque, and filled it up for, I think, 30 l . or 40 l .—I got the money, and handed the cheque over to the clerk—to the best of my recollection, it had the number "725" on it—I will not be quite sure—it was not one of my own cheques—that one cheque was returned back in my bank-book, and, as far as I can remember, it was No. 725—I have referred to it since I heard of this case.

WILLIAM LAYLAND ( police-constable F 100.) On the 14th of Jan. I was on duty in King-street, Covent-garden—I heard a cry of "Stop thief," and saw the prisoner running up the street, and a person after him—I stopped the prisoner, and took him into custody—he told me be lived at No. 1, Bolton row, Piccadilly, at his master's house—I did not tell him the nature of the charge against him—it was mentioned in my presence by Mr. Ellis—some thing was said about a cheque—the prisoner said he bad a cheque-book in his box, in his master's kitchen—I went to No. 1, Bolton-row—I went into the kitchen—I found this cheque-book, not in a box, but in a table-drawer—I searched his box first, and not finding it there, I inquired of the servants if he had any other place—the servants opened the drawer, and there I found it.

Prisoner. Q. On your oath, did I tell you that I had any cheque-book, and give you directions where to find it? A. Yes.

JOHN PENN . I am servant to Miss Webber, of No. 28, Nottingham-place. I remember a gentleman bringing a parcel—I believe it was Mr. Paris—I cannot exactly say the day—I had it in my possession about eight or ten days I think—it was sealed up—he told me it contained money—nobody ever called for it till I received some communication from the police—I received a letter from Captain Lindsay, directing me to take it to Robarts and Curtis's, which I did, and delivered it up there.

JOSEPH DYSON MORISON . I am cashier in the house of Robarts and Co. I produce a register, in which is contained a list of all the cheque-books of our customers—on the 27th of July, 1842, I have an entry of a cheque-book being given out, "A 725, Captain Robert Lindsay"—each cheque-book has a number on them—the entry does not show the size of the cheque-book—they vary in thickness—the cheque-book now produced is one issued from our house—that contained fifty cheques when issued—Captain Lindsay had books of fifty cheques, as he did not draw many cheques—traders in the neighbour hood have larger books—( the cheque teas here read. )

Prisoner's Defence. I know nothing whatever of the cheque issued to Messrs.

Twining, and I have never seen it; Captain Lindsay is well acquainted with my handwriting, and he cannot say that it is my writing; Mr. Ridgway, my master, knows I was not out of his house on the night of the 10th, as there was company; I fully expected that he would be here; he sent me word that I need not take any trouble, for he would do whatever he could; Captain Lindsay knows my character, and the one he received with me.

CAPTAIN LINDSAY re-examined. He behaved, as I thought, very well in my service, but since he left I find he was rather an eccentric and odd charac ter, and all the family were very glad when he left.

GUILTY of uttering. Aged 26.— Transported for Ten Years .

(There was another indictment against the prisoner.)

603. HENRY JOHNSON and JOHN WILLIAMS were indicted for burglariously breaking and entering the dwelling-house of Richard Suter , about nine in the night of the 6th of January , at St. Faith-under-St. Pau l, with intent to steal, and stealing therein, 2 sovereigns, 2 half-crowns, and 3 shillings, the monies of John Rivington and others.

MR. CURWOOD conducted the Prosecution.

CHARLES CHURCHILL ( City police-constable, No. 278.) On the night of the 6th of January, about nine o'clock, I was on duty in Paternoster-row—I tried the door of Messrs. Rivington's warehouse, and found it quite safe—I tried it subsequently, about half-past eleven, and found the door was fastened with a top bolt only—I rang the bell for a quarter of an hour, and received no answer—I went to the front-door, and rang the bell there—I received infor mation from the housekeeper where Mr. Allison, Mr. Rivington's clerk, lived—I went to call him—in the mean time the sergeant came up—he went in at the front-door to search the premises, while I stood at the back—he brought the prisoners out of the door in custody—I helped him, and took them to the station.

Cross-examined by MR. PAYNE . Q. Did you take them into custody at all? A. I did not, I took them out of the house—after I had been with the clerk into the house, I went back again to Paternoster-row, and waited there till the sergeant called me to help take the prisoners into custody—I began to try the door in Paternoster-row at nine o'clock—I do not try every door every time I go by—I kept trying it till past eleven—I pushed it with my hand, and it went in at the bottom—I caught hold of the knob of the door—I had no particular reason for trying that door.

OLIVER DEATH ( City police-sergeant, No. 201.) On the night in question I came up about twelve o'clock—from information I received from Churchill, I went to the back-door of the house first, and told him to stand there while I went round to the front-door—I got into the warehouse by the clerk bringing the ke'y—when we got in, I discovered the two prisoners secreted behind the door, in a little recess in the warehouse adjoining the house—I took them into custody, and I and Churchill took them to the station—I searched them, and found on Williams a tinder-box and matches, and this candle—in one of his boots I found half-a-crown and two shillings—I searched Johnson, and found a sovereign tied up in one corner of his shirt, one shilling in one shoe, and 3 s . 6 d . in the other—they gave no account of how they came by it—I went back, and searched Mr. Rivington's places—I found several desks had been broken open, and in searching the recess where I took the prisoners from, I found this little poker—I fitted it to the marks in the desk, and they cor responded this is a convenient instrument for breaking open desks—it is not a jemmy —it is not used by Rivington's people—the warehouse is under

the same roof as the dwelling-house—it is in the parish of St. Faith-under St. Paul.

Cross-examined by MR. PAYNE . Q. How do you know that? A. The chief part of one side of Paternoster-row is in the parish of St. Faith, and part of the other is in the parish of Christchurch—I ascertained that the house is in that parish from the beadle of Newgate-market.

WILLIAM BUCHAN ALLISON . I am clerk to Messrs. Rivington. I was aroused on this night by a policeman—I accompanied him with the key of the warehouse—we entered the warehouse, and there found the two prisoners secreted behind the door—they were taken into custody—I saw them searched—the sergeant has given a correct account of what was found—five desks were broken open—I did not ascertain what was taken from them—I know there was money kept in those desks.

Cross-examined. Q. What time did you leave? A. Eight o'clock—I saw the premises properly secured when I left—it is part of my duty—the door in Paternoster-row was secured by a bolt at the top, a bolt at the bottom, a lock in the middle, and a chain—the key is kept in the door—nobody could enter that door by means of keys, nor could they by the door in St. Paul's churchyard—they must have got in before the doors were closed.

MR. CURWOOD . Q. They were concealed, in your judgment, before the house was shut up? A. They could not have broken in, they might have been concealed—I have seen Johnson come to the premises to receive work and bring messages for a binder named Ellison—I know nothing of Williams—Johnson had an opportunity of knowing the premises very well.

EDWARD GRACIE . I am clerk to Messrs. Rivington. On the night in question I locked my desk a little before eight o'clock—I left two sovereigns and 7 s . or 8 s . in silver in it—I found the desk broken open in the morning, and the money was gone—the other desks were broken open—they contained money, but it was not gone from them.

(The prisoner Johnson received a good character.)

JOHNSON — GUILTY . Aged 18.— Recommended to mercy. — Confined Nine Months. — WILLIAMS *— GUILTY . of Stealing only. Aged 22.— Trans ported for Seven Years.

604. WILLIAM ROBINSON was indicted for stealing, on the 18th of Jan ., at St. Luke , 36 yards of carpet, value 6 l . 15 s ., the goods of Richard Phillips , in his dwelling-house; and that he had been before convicted of felony.

GEORGE MOORE . I am porter to Mr. Richard Phillips, of No. 24, Chis well-street, in the parish of St. Luke. At half-past six o'clock, on Wed nesday evening, the 18th of Jan., as I was going through the shop, I saw this carpet lying unrolled—I rolled it up—I saw no more of it till the policeman came about ten next morning, and inquired about it—I then looked round, and it was gone.

WILLIAM PHILLIPS . I am the prosecutor's son—my father is an auctioneer—I live with him. On the morning of the 19th of Jan., the policeman came to our house, and asked if we missed any carpet—I looked round, and saw the space where the carpet had stood the day before—I went to the station with him, saw it there, and identified it—this is it—it is my father's—it cost us 3 s . 9 d . a yard—there are thirty-six yards—it is new—we had had it three or four months—the ticket is on it now, marked 4 s . 3 d .,

in my own writing.

JOHN JENKINSON ( police-constable 53.) On Wednesday, the 18th of Jan., at twenty minutes to eight o'clock in the evening, I was passing along Old-street, near St. Luke's Hospital, about the eighth of a mile from Mr.

Phillips's house, and observed the prisoner and another leaning against the carpet, which was then resting on the iron railing—as soon as the prisoner saw me he turned round, and put his hand on the carpet—I had previously known him as a thief—I asked him how he came in possession of the carpet—he said, "It is not mine, it is his"—pointing to his companion—I took both by the collar—I asked the other how he came possessed of it—he said, "It was given us to carry by a man"—I said I should take them to the sta tion, I did not feel satisfied about it—they both resisted very much—I was obliged to let the other go—the prisoner knocked me down, gave me a black eye, bit me, and kicked me—further assistance arrived, and I conveyed him to the station—I went down next morning to Mr. Phillips, and asked if they had lost a carpet—they owned this.

Prisoner's Defence. I know nothing about stealing the carpet from the house; I was walking along the street, and was accused of stealing it; he let the other man go.

JOHN JOHNSON . I produce a certificate of the prisoner's former conviction, which got from Mr. Clark's office—( read )—I was present at the trial—he is the person.

GUILTY . Aged 22.— Transported for Ten Years .

604. JAMES MERRY was indicted for burglariously breaking and entering the dwelling-house of Sophia Gardiner , about two in the night of the 10th of Jan ., at St. Mary, Whitechapel , with intent to steal, and steal ing therein, 7 spoons, value 2 l . 4 s .; 1 yard of silk, 5 s . 21 yards of ribbon, 6 s .; 36 dozen of buttons, 2 s .; 1 pair of sugar nippers, 1 s .; 1 metal cock, 18 d ., and 1 needle book, 2 s .; her property.

SOPHIA GARDINER . I am single, and am a milliner—I keep the house No. 121, High-street, in the parish of St. Mary, Whitechapel. On Tuesday night, Jan. 10th, I went to bed about half-past twelve o'clock, my niece came up stairs and shut the staircase door—I told her we did not generally shut that door, but it did not signify—no one opened it again—I then went into my own room, shut the door, and went to bed—about two o'clock I heard a noise in the kitchen—I afterwards heard a noise against the door of my room, and afterwards beard a noise in my room—it seemed to me to be on the drawers very near to my bed-head—I sat up in bed to listen to the noise, and saw the figure of a boy or man by the side of my bed—as he was passing along I said, "Who is in ray room?"—I spoke twice, and then heard the person rush out of the room, and something sound as if it touched the edge of the door—I heard a creaking substance passing by very quickly—I afterwards heard a noise in the kitchen—I saw a light shine on my window-curtain during the time the person was in my room—it was not by that light I saw the figure—it was very moonlight, and there were lights in the street—I could see the figure very well—in the morning I found my chamber door standing wide open—I called one of my young people to me, and I then went down stairs—it was somewhere about eight o'clock—I cannot tell exactly—it was before eight—I went down into the work room, and found a cash box there broken open, that had been on my drawers when I went to bed—when I heard the noise in the night I dared not get up, I was so frightened—I had nobody near me except one person who was in rather a delicate state of health—I generally place both my cash boxes on my drawers before going to bed, but this night I put the other containing gold and silver under the bed, and that remained undisturbed—the cash box that was on the drawers was broken open, and about 1 s . 9 d . in copper taken from it—I had seen it last when I went to bed, on my drawers—I had locked the coppers up my self just before going to bed—I generally keep one cash box for silver and

gold, and one for halfpence—I also found five tea-spoons and two table spoons gone out of a cupboard, which was not locked—I had seen one of them just before I went to bed—I afterwards found missing from the shop some ribbon, buttons, and needles, some sugar nippers from the kitchen, and I have since missed several articles which are not in the indictment—I have every reason to believe that the person got through the kitchen window, as it was found unfastened in the morning—it was fastened overnight.

Prisoner. The servant said at Lambeth-street that she found these things, and now this lady says she found the cash box open. Witness. It was standing broken open when I went down—the servant went down first.

SUSAN WILLIAMS . I am married—I was on a visit to Mrs. Gardiner, who is my aunt, I was up last, about a quarter of an hour after her—I saw every thing secure in the kitchen—the window was fastened with an inside shutter, and I believe with a bar—I did not put it up myself, but I saw that it was secure—I was the last to close the staircase door that leads to the kit chen, from the staircase to my aunt's bedroom—the kitchen is on the first floor—there is a staircase below the door, and another staircase above it—I slept in the adjoining room to my aunt, over the kitchen—I saw my aunt close her door, and then I closed my own—I heard a great noise during the night, but not being accustomed to that neighbourhood 1 did not think it anything particular, as there are perpetual noises in Whitechapel all night—I live in the country.

ANN KINTON . I am the prosecutrix's servant. I fastened the kitchen window with a bar—I got up about eight o'clock in the morning—I found the kitchen window shutters a little apart, the bar taken out, and lying on the dresser—there was a pane broken a long while before—there was no fastening at all, and the window could be pushed up—it was a sash window—it was down when I went to bed, and in the morning it was open—anybody could have got in through the window by opening it—they could pull the shutters apart afterwards—there is a bar inside, but they could easily push the shutters a little apart, and pull the bar down—the window is big enough for a person to get through—the person must have put the shutters to again—I heard nothing in the night.

CORNELIUS FOAY ( police-constable K 98.) About nine o'clock on the morning of the 11th of Jan., in consequence of information, I went to Miss Gardiner's, and examined the premises—I found the footmarks of a boy in the leaden gutter, just at the back of the window in the kitchen on the front-floor—the servant mentioned the prisoner as a person she knew—she suspected him—he formerly lived in the service—I made inquiries for him—I found that he had been into a cellar, No. 4, Castle-alley—I went there, and in the cellar I found the property, consisting of spoons, ribbon, a cloak, and other articles—the prisoner was not there—I went in search of him, and found him in the gallery of the Garrick theatre the same evening—I told him that I charged him with breaking into Miss Gardiner's house, and stealing some spoons and other articles—he said, "Very well"—I took him to the station—he did not live in the cellar—he had been there that morning.

ANN KINTON re-examined. The prisoner lived with us six weeks or two months as errand-boy—he left in Nov.

ANN KELLY . I live at No. 4, Castle-alley, Whitechapel, and am a tai loress by trade. About six o'clock in the morning of the 11th of Jan. I was in bed, and heard the street-door open—I heard some one come in, and then heard a footstep in the passage, at the head of my bed—I then heard the closet-door go in the cellar—I heard something jink in the cellar—I thought something was not right—I got up, and heard something jink again in the cellar—I opened the room door to see who was coming up out of the cellar—it

was not light—I had a candle—I heard something jink again in the cellar, and then something fall; it appeared to me as if it was small tin pistols; it made a tinkling noise—about ten minutes after that the prisoner came out of the cellar—I had never seen him before—I asked him what business he had down in the cellar—he said he hoped I would not be offended, as he had slept there all night—I asked him what time he came in—he said, "Eleven o'clock last night"—I asked him if he had any employment—he said no—I asked him what he did when he was employed—he said he went to sea when he could get a ship—he told me his name was Merry, and his mother and father had lived in Castle-street fifteen years—he then asked roe if he might sleep in the cel lar every night till he got a place—(the cellar is a place easily got at, at the street-door is on the latch all night for the lodgers—I occupy one room in the bottom part)—I told him I could not tell, as my husband was not at home—I have a husband—he then asked if he should call at nine o'clock for an answer—I told him yes, he could come—I never saw any more of him till I saw him at Lambeth-street office—the policeman afterwards came to my house, and asked if I had a boy slept in the house—I told him yes—I had been in the cellar before the policeman came, but bad not looked for anything—I afterwards found these things in the cellar with the policeman—I remem ber the prisoner's face again—I am sure be is the same boy—I did not inquire whether his father and mother did live in Castle-street.

MISS GARDINER re-examined. These things are mine—I have a fellow-spoon to this in my pocket—I have a particular spoon that I use every day—they are marked—this ribbon is mine.

ANN KINTON re-examined. The prisoner was usually called James when be lived with us—I knew his name was Merry by going after him when he stayed late to his dinner—I went to his mother's—she lived in Castle-street, and passed as Mrs. Merry.

Prisoner's Defence. I am innocent; I throw myself on the mercy of the Court.

GUILTY . Aged 17.— Transported for Ten Years—Convict Ship .

First Jury, before Mr. Common Sergeant.

605. JOSEPH SHIPPEY was indicted for stealing, on the 13th Jan ., 1 heart, 1 liver, and 18lbs. of fat, value 8 s ., the goods of John Monk , his master.

JOHN MONK . I am a horse slaughterer, and live in East Mount-terrace, Whitechapel. On the 13th of Jan., about eleven o'clock, I went into my loft near the slaughter-house, and found a horse's heart and liver which had no busi ness there—the prisoner was my servant—I returned about two o'clock, and they were gone—I went to a corn-bin, and found a pail about half full of horse-grease—I had the prisoner watched—I had marked the heart and liver, and know it is mine, because I had a horse in the place without a heart and liver—the fat had no business where it was.

THOMAS PARFIT . I went to Monk's, concealed myself, and saw the pri soner go to the stable where the loft is—I went out into the court, and the pri soner passed me with a sack over his shoulder, and looked very hard at me—I followed him into Whitechapel-road—he looked back two or three times—I said to him, "It is a rough night," and asked if Monk was over in his yard—he said no, he believed he was over at the Nelson—I went into Monk's house with the prisoner, asked to see Mrs. Monk, and asked her to see what was in the prisoner's sack—I heard her ask, "What have you got here?" and found the heart and liver at his feet.

ELIZABETH MONK . I am the prosecutor's wife. It is usual for the pri soner to bring in a sack of coals, instead of which he brought this liver and heart in it—I said, "Why do you bring this here?"—he said, "To show you"

—I said, "Why, I saw these down at the slaughter-house"—he said, "Don't be hard with me"—I gave him in charge—I found the sack in a coal-cellar, across the road, about 600 yards from the premises.

Prisoner'S Defence. On the night she bought the horse, it was shot down among the dirt of the yard; its inside was torn; the heart and liver got under the horse's head; in the morning I pulled the horse into the shed; she said there was no heart or liver—I was afterwards sweeping the yard, and found them in the mud, I brought them to the stable, and hid them for safety.

NOT GUILTY .

606. THOMAS KNIGHT and WILLIAM SNELL were indicted for stealing, on the 12th of January , 1 pair of shoes, value 9 s ., the goods of Jere miah Callahan .

JEREMIAH CALLANTINE . I am a shoemaker, and live at Limehouse-cause-way. I met Clark going after somebody—I followed, and saw him secure Knight—he produced a pair of shoes, which are mine.

Cross-examined by MR. BALLANTINE . Q. Were they not taken off Knight's feet? A. Yes, he was alone.

RICHARD CLARK . I was about 150 yards from the prosecutor's—I received information, and crossed over into Spread Eagle-street—I found the prisoners and another speaking together—I asked them for a pair of shoes they had stolen—I laid hold of Snell—he said he had not got any—the other two ran away—I went after them, secured Knight, and found the shoes on him.

JAMES GUARD . I live in Park-street, Limehouse. I was standing at Mr. Gardener's door on the evening in question—the one who is not taken said to me, "Hold your row , they are going to nick a pair of shoes for a poor boy"—the two prisoners were there—Snell stood against the wall—I did not see either of them take the shoes—the one who got away was walking backward and forward, and the prisoners stood against the shop-window where the shoes were—the shoes were taken, and all three ran away together immediately—Knight was brought back in about five minutes with the shoes on his feet—I am certain Snell was at the window with them.

Cross-examined by MR. BALLANTINE . Q. Had you known Snell before? A. Yes, a long while—I used to play with him—I have seen the one who said they were going to nick the shoes, skating—I told my brother directly—I saw the shoes go out of the window, but cannot say who took them—ours is a corner shop—I did not see either of them with the shoes—nobody was there but those three—Snell had not been talking to me.

RICHARD CLARK re-examined. I did not keep hold of Snell at the time—he did not offer to run away—Knight ran away—I found Snell at his father's house.

KNIGHT — GUILTY . Aged 20.— Confined Three Months .

SNELL — NOT GUILTY .

607. JOHN THOMPSON was indicted for stealing, on the 18th of Jan ., 6 sheep, value 12 l ., the property of William Matthews .—2nd Count, for killing the sheep, with intent to steal the carcases.

WILLIAM MATTHEWS . I am a publican and farmer, and live at Whetstone, On Wednesday morning, the 18th of Jan., between nine and ten, I saw my sheep in a field, called Alms-house-field—I had nine there—I went next morn ing, about the same time, and six were gone—I went to Smithfield on the Saturday, and found the skins, which I knew by the mark—I can swear to three of the skins which are here—I never saw the prisoner, till he was in custody.

BENJAMIN MATTHEWS . I heard of the loss of these sheep, and gave infor mation to the police—I went to Newgate-market, and found six carcases at

Mr. Payne's, with the skins—I produce the skins—I brought a policeman, and took the prisoner in Mr. Payne's shop.

JOSEPH PAYNE . I live in Newgate-market. On Friday, the 20th of Jan. these six carcases and skins were brought to my shop to be told on commission by a Mr. Price and the prisoner—they arrived at my place about one o'clock—I never saw the prisoner before.

Prisoner. Q. Did I speak to you? A. You brought tbo sheep—Price represented you as the farmer belonging to them, and wanted me to purchase them—I would not—he wanted me to lend some money on them—I said no, I would not, I would sell them—this was in the prisoner's presence—he said nothing when Price said he was the farmer.

WILLIAM SHALLCROSS . I am a porter of Newgate-market. Between eleven and twelve o'clock on Friday the prisoner and Price came to me—Price said, "Friend, are you a porter in Newgate-market?"—I said, "Yes"—he said, "My friend and me have got six sheep, six skins, and six fats, which he has brought out of the country; they are slaughtered next to Mr. Vena ble's slaughter-house"—I went with them, and helped to carry them—the pri soner was with me, and represented himself as tht owner, he and his friend.

Prisoner. Q. Did I say I was the owner? A. Yes.

GUILTY . Aged 23.— Transported for Ten Years .

608. HENRY GOSS was indicted for breaking and entering the dwelling-house of Charles Chambers , on the 3rd of Jan ., at St. George-in-the-East , and stealing therein, 1 clock, value 1 l ., the goods of Charles Chambers .

CHARLES CHAMBERS . I am a gun-stock maker, and live in James-street, Commercial-road, in the parish of St. George-in-the-East—the prisoner is a percussion-filer—I did job a for him. On Tuesday morning, the 3rd of Jan., I left my room, after breakfast, and went to work at my shop in Lambeth-street—at dinner-time I went to Limehouse, and left the prisoner in the shop—he had been there three weeks—I told my sons I should call at their uncle's at Limehouse—my son fetched me from there about half-past ten o'clock in the evening—the clock produced is mine—I had left the house at ten in the morning—I left the door and window shut—the prisoner bore a good cha racter.

WILLIAM CHAMBERS . I am the prosecutor's son. I went home about three o'clock in the afternoon—I opened the street-door with a latch-key—the clock was safe then—I locked the room door, and about five I was playing near the house, and saw the prisoner come running out of my father's door, which he shut, and ran across the road, with one hand under his coat, and the other swinging—between seven and eight I went into the room, and missed the clock.

Prisoner. Q. How far were you from the house when you saw me? A. Two or three yards—I thought my brother was at home, and he had sent you on an errand—I had left him and the prisoner at the shop, but thought he might have come home.

CAROLINE OAKES . I am the wife of Thomas Oakes. I saw the prisoner at the prosecutor's house about dusk—he went into the prosecutor's room—I did not see him come out—I was coming down stairs.

CHARLES TRAVELE . I am shopman to Mr. Cordery. This dock was pawned by the prisoner on the 3rd of Jan.

CHARLES STEBBING . I apprehended the prisoner, and charged him with going into Chambers's house, and stealing a clock—he said be would sell his bed and every thing to make up the amount before he would be accused, and that he had not been in Chambers's place that day.

GUILTY . Aged 27.— Confined Six Months .

609. GEORGE TYSON was indicted for embezzlement.

JOSEPH GRAHAM . I am a wholesale stationer, and live in Jewry-street, Aldgate. On the 5th of Nov. I paid the prisoner 9 l . 17 s . for goods I re ceived from Rose and Co.—I gave him a cheque, which has been returned to me as paid—I have it here.

THOMAS WATKINS . I am clerk to Mr. Newton, of Wardour-street, Soho. The prisoner called on me on the 19th of Nov.—I paid him 2 l . 8 s . 3 d . for Rose and Co.

WILLIAM GEORGE CAVE . I live in Fenchurch-street. On the 23rd of Dec. I paid the prisoner 6 l . 15 s . on account of Rose and Co.

EDWARD DAVIS BAKER . I am in the service of William Rose and others, of New castle-street, Strand. The prisoner was their clerk—he was directed to apply for the money in these particular cases, but was not a general col lector—he should pay them to me the same day as he received them—on the 5th of Nov. he did not pay 9 l . 17 s ., from Mr. Graham; nor 2 l . 8 s . 3 d . on the 2nd of Jan., from Watkins; nor 6 l . 15 s . on the 23rd of Dec., from Mr. Cave.

Cross-examined by MR. PAYNE . Q. Was he generally employed to re ceive money? A. He had no collecting-book—he was not to enter it into a book, but to hand it over to me—as he was going in the direction of these parties I told him to call, and wrote it down on paper—when he returned he said the parties were from home—I discharged him on Monday the 9th of Jan., as he had absented himself four or five days without sending to me the reason of his absence, and being otherwise dissatisfied—he came to me on the Wed nesday after, and asked to see me privately, and said, "I am very sorry I have been doing what is very wrong"—I said, "What is that?"—he said, "I have been receiving money and keeping it"—I asked him of whom—he wrote down the names of five individuals, of which the witnesses are three—amounting together to 25 l . 12 s .—I had not discovered it—he wanted me to continue him in the service to work it out—I gave him in charge—he had told me one of the parties were out—he said, once or twice, Mr. Graham was in Scotland—I manage the concern—the firm all reside in Staffordshire.

(The prisoner received a good character.)

GUILTY . Aged 24.— Recommended to mercy. — Confined Four Months .

610. THOMAS WELCH was indicted for stealing, on the 31st of Jan ., 1 pan, value 4 d .; and 13lbs. weight of honey, value 15 s .; the goods of Thomas Knight .

GUILTY .— Confined Nine Months .

611. GEORGE WILLIAMS was indicted for stealing, on the 23rd of Jan ., 5 3/4 lbs. weight of pork, value 2 s . 6 d ., the goods of George Prestige and another.

GUILTY . Aged 28.— Confined Three Months .

612. JOSEPH COWELL was indicted for stealing, on the 23rd of Jan , 1 bag, value 1 d .; 3 crowns, 50 half-crowns, 122 shillings, and 41 six pences, the property of Thomas Penny , his master.—2nd COUNT , stating it to be the property of Thomas Holton .

GUILTY . Aged 17.— Confined Six Months .

613. WILLIAM WILLIAMS was indicted for stealing, on the 22nd of Jan ., a quadrant, value 30 s .; and 1 jacket, 2 s .; the goods of Matthew Grey Cooper ; and 1 quadrant, value 30 s ., the goods of Charles Alexander Hunter , in a vessel in a port of entry and discharge.

MATTHEW TREBILCOCK . I am gate-keeper at the London Docks. On the

21st of Jan. I was on duty at the principal gate, and stopped the prisoner coming out—I asked what he had about him—he said, "nothing"—I felt, and found a quadrant under his shirt—he said it belonged to him—he was going to get it cleaned—on the opposite side of his breast he had another quadrant, which he said belonged to one of the boys, and he was taking that to be cleaned also—that he was second mate of the Thomas Leach , lying in the bason—this jacket was found on his person.

CHARLES ALEXANDER HUNTER . I am apprentice on board the Thomas Leach. The prisoner was on board on the 22nd of Jan.—one of these quadrants is mine—he had no business with it.

MATTHEW GREY COOPER . I was on board this ship. This quadrant is mine—I did not anthorise the prisoner to get it cleaned, or to have it.

Prisoner. The jacket is mine; I am in default about the quadrants.

GUILTY . Aged 43.— Confined Four Months .

614. WILLIAM MILTON was indicted for stealing, on the 20th of Jan ., 1 mare, price 6 l ., the goods of Joseph Limpus .

JOSEPH LIMPUS . I had a brown mare, which I saw safe in the field in Hounslow-road on the 17th of Jan., near the nine mile-stone—I saw her again on Friday the 20th of Jan., in the same field.

JAMES HUDSON . I am a policeman. I was on duty in Hounslow-road, in the parish of Heston—about a quarter past twelve o'clock in the night, I heard horses galloping in the field where Limpus keeps his horses—I got over the gate into the field, and walked along the hedge, about 100 yards—the horses ceased galloping—I stopped, and saw the prisoner leading one by the top of the mane—he stopped when he came opposite me—I said, "Halloo, what are you doing with that horse?"—he said, "I don't know, I am going to have a ride"—I said, "You must ride with me to the station"—he had not got out of the field—the gate was off one hinge—I took him in charge—the mare galloped away in the field—on the way to the station he said he thought of mounting the horse to gallop away to some place where he might lie down—at the station I was obliged to handcuff him to search him—I found on him a discharge from the hulks—he said he had been transported for seven years, but discharged at the end of four for good conduct.

JOSEPH LIMPUS re-examined. This was my mare.

( The prisoner put in a written defence, stating he was discharged from the hulks in the day on question, and being intoxicated, he went into the field—that the policeman did not say, till his second examination, that he was leading the mare, of which he was innocent ,)

JAMES HUDSON re-examined. He was drunk—he bad no bridle with him.

NOT GUILTY .

615. SARAH NEALE was indicted for stealing, on the 29th of July , 1 towel, value 6 d .; and 1 brush, 8 d .; the goods of Mary Pack .

MARY PACK . I live at Knightsbridge. The prisoner left me on the 24th of Dec., I missed a towel, and shoe-brush—she was afterwards in custody—I then went to No. 76, Harley-street, and found them.

MARY GARRARD . I am the wife of G. H. Garrard. We have the house, No. 74, Harley-street, to mind—the prisoner came to lodge with me, and slept in the front attic—she occupied the room the towel and brush were found in—I had seen her with them.

GUILTY . Aged 25.— Confined Three Months . (There was another indictment against the prisoner.)

616. CHARLES MADDEN was indicted for stealing, on the 25th of Jan ., 2 tea-pots, value 2 s ., the goods of Henry Wilmot Fownes .

SARAH FOWNES . I am the wife of Henry Wilmot Fownes, of Old Para dise-row, Islington. On the 25th of Jan., I was in the parlour behind the shop—I saw the prisoner come from behind the counter with two tea-pots in his hand—I called to him to stop, but he went out at the door, and dropped a tea-pot—I followed him about two hundred yards, and he was secured—I am sure he is the boy—I had known him a long time—he dropped one at the door, and threw the other into the road.

Prisoner's Defence. I never saw them.

GUILTY . * Aged 14.— Confined Three Months .

617. ANN FOLEY was indicted for stealing, on the 19th of Jan ., 11lbs. weight of pork, value 6 s ., the goods of Henry Pettifer ; and that she had been before convicted of felony.

HENRY PETTIFER . I live with my father in High-street, St. Giles's. On the 19th of Jan., about seven o'clock in the evening, the prisoner came into the shop, and bought a quarter of a pound of beef which she paid for, and took a leg of pork with her—I stopped her about half a yard from the door, and asked where she was going to take that pork, I should lock her up for it—she said, "You don't mean to do that, when you ran after me and put it under my cloak."

WILLIAM BOFFIN . I am a policeman. I took her into custody, and found on her a basked containing sixteen lace caps.

Prisoner's Defence. I do not recollect having the pork; I was rather drunk.

WILLIAM CUNNINGHAM . I produce a certificate of the prisoner's former conviction—( read )—I know her to be the person.

GUILTY .— Transported for Seven Years .

(There was another indictment against the prisoner.)

OLD COURT .— Friday, February 3rd , 1843.

Third Jury, before Mr. Common Sergeant.

618. ELIZA HOWARD , alias Sarah Tilling , was indicted for stealing, on the 29th of Jan ., at Harlington , 1 purse, value 2 d .; 10 sovereigns, 2 half sovereigns, and 1 5 l . Bank-note, the property of William George Connolly , her master, in his dwelling-house; to which she pleaded

GUILTY . Aged 17.— Transported for Ten Years .

619. JAMES COLLIER was indicted for stealing, on the 21st of Jan ., 4 sovereigns, the monies of Philip Charles Boren , his master.

PHILIP CHARLES BOREN . I am a licensed victualler, in Long Acre. I took the prisoner into my service, on the 17th of Jan.—on the 21st, I gave him four sovereigns to exchange for silver—I never saw him after, till he was brought back by the policeman—he then had a new suit of clothes, and new boots, which he had not when he left my house.

WILLIAM POCOCK ( police-constable F 81.) I took the prisoner into cus tody—he had a suit of new clothes, a new great coat, and hat.

Prisoner's Defence. I had the same things I have now; I went to Mr. Clark's, the pawnbroker's, to ask for change; he had none to spare, and when I got to another place I found I had lost the money.

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

620. THOMAS HILL was indicted for stealing, on the 28th of Jan ., 1 pair of drawers, value 2 s ., the goods of Thomas William Brown .

THOMAS WILLIAM BROWN . I am a linen-draper, and live at No. 144 and

145, Ratcliff-highway. About half-past eight o'clock, on Saturday night, in consequence of something I watched the prisoner—I concealed myself, and saw him go up to the drawers which hung at No. 145, three times—he then took the drawers down, and put them under his coat—I immediately went out, clasped him in my arms, and the drawers dropped from his coat—they are mine.

GUILTY . † Aged 19.— Confined Six Months .

Before Mr. Justice Williams.

621. WILLIAM HENRY RICHARDS was indicted for feloniously kill ing and slaying Henry Richards .

SARAH ELEANOR STOCKMAN . I am thirteen years old, and live in East row, Kensal, New-town. I know the prisoners—he lived a little below us, and kept a house—I do not know what business he is—I am sure he lived by himself, and not with his father—he is married—his father kept a chan dler's shop—he did not assist his father—on Monday evening four weeks, about ten o'clock in the evening, I was going to get some beer for my father, and saw the prisoner and his father in his father's shop—I do not know what he was there for—there was nobody else there—the shop shutters were to, but I could see into the shop—the door was open, and I saw through the door—I was crossing the road, and saw them in high words—I heard high words from them both—I do not know what they were saying—they were speaking in a loud voice—I mean they were scuffling together—I saw the prisoner trying to get a knife from his father, and with that Mr. Richards stabbed the prisoner—the prisoner then took the knife from his father, and, said, "You have done it to me, and I will do it to you" and he then stabbed his father—I did not see where be stabbed him—the prisoner then went away—as he was going out of the shop door, the father took a candlestick from his side, and was going to hit him with it—the deceased's wife then came down, and led him into a room—I did not see how the prisoner used the knife when he stabbed his father—I saw him stab him, but I did not see where the knife went—I did not see whether it had any effect on the father—I was outside the gate—he walked, and his wife and Mrs. Hickman led him into the next room, one holding him by each arm—I knew the deceased by sight before—I saw him again on the Saturday after this—I went into the shop for something, and he served me—he seemed very well then—I did not see him again.

Cross-examined by MR. BALLANTINE . Q. I understand you were stand ing close to the door when this took place? A. Yes, not close to the shop-door, but by the gate, that is three or four yards from the door—I was as far off as that when the first loud language took place—I never came nearer—I did not hear any words—they were not speaking when I first saw them—they were scuffling together—I did not hear any thing said then—the father ap peared very violent—he had a knife in his hand, and was endeavouring to stab the prisoner a good many times—it was after that that the prisoner took the knife out of his hand—I am certain of the words the prisoner used then—he said, "You have done the same to me, and I will do the same to you "—those were the exact words—he said that after he took the knife from his father, and before he stabbed him—I did not see in what part he appeared to stab his father—I will swear that he did strike at his father with the knife—I did not see towards where be struck—I thought, when he used those words, that he was going to strike his father—I did not see him lift up his hand—I saw no blood—I saw that his father stabbed him, I do not know where—the prisoner left the shop, immediately he was able to extricate himself from his father—he appeared to be defending himself throughout.

COURT . Q. How are you enabled to say that you saw the prisoner stab his father? A. Because I saw him—I did not see him stab him, because they were scuffling about—he took him by the collar, and stabbed—his arm moved towards him.

MR. BALLANTINE . Q. With which hand did he appear to strike? A. The right hand, I think.

JOHN ALFRED RICHARDS . I am the prisoner's brother—my father's name was Henry Richards—I saw him on Monday night, the 2nd of Jan., it was about half-past nine o'clock when I left him—he was then rather tipsy—I did not see the prisoner there, and saw nothing of the transaction—my father died on the 20th—I did not see him after this occurrence till the Sunday following—he ate a hearty dinner then, and drank some ale with me—he said he felt a little pain—I did not perceive much change in him—I did not see him again till the following Sunday, he was then in bed—I was not there when he died—he did not go about his business between that Sunday and his death—I did not see him out of bed between that Sunday and his death—the prisoner had previously served behind the counter for him, assisting in the business, but was not doing so at the time in question—I heard my father send in to ask him to go with some coals on the Monday—I did not see them together.

Cross-examined. Q. I believe your father was a man of somewhat intem perate habits? A. He was, very much so; he was given to drinking a great deal—he continued in the same course after this transaction—on the follow ing Sunday he drank some ale and brandy with me—he was a person of very violent conduct—he twice attempted my life with a knife, and once broke his wife's arm.

COURT . Q. What age was he? A. Forty-four—he had complained very much of not having good health of late—he used to be a stout man, but not before he died—he was not a powerful strong man.

JAMES MACROFT TWINAGE ( police-constable D 189.) On the 2nd of Jan., a little after ten o'clock, I was on duty near the deceased's shop—I heard something which took me there about a quarter or half-past ten—I saw the deceased in an upper room—he was sitting in a chair, and seemed much exhausted—I saw a wound just in front of the left shoulder—his wife removed his clothes, and I saw the wound—it was bleeding a little, but not very much—it appeared about an inch and a half in length, and was about a quarter, or three-eighths of an inch open—I sent for Mr. Brown, the sur geon, who came—I then went to the prisoner, at Mr. Wright's, a butcher's, his father-in-law—he was not lodging there—I heard that he was there, and went there to see—I asked him what was the matter, he said, "Nothing is the matter "—the prisoner's wife then said, "That wicked old wretch has stabbed him"—I asked where—the prisoner then removed his shirt, and showed me a wound in his side—I should think it was three-quarters of an inch long, and not more than one-eighth of an inch open—it was bleeding a little—he said, "I went over to my father's, to get half a pound of cheese, my father said I should not have it—I said I would; I had got the money to pay for it—he said if I did not go out of the shop, he would cut my b----guts out, and he then pricked me in the side "—he did not say what with—he said, "My hand was the worst; I cut that taking the knife away from the old man; and I gave him as good as he sent "—I found this knife lying on the deceased's shop-floor.

Cross-examined. Q. I suppose you were asking questions all this time? A. All the questions I asked was what was the matter, and to show me the wound—I asked no other—I did not tell the prisoner that his father was in

any danger until the 14th, when I took him into custody—when I went to him at Wright's I did not say that I came for anything—I asked him what was the matter—a boy had told me he was stabbed, and I went to see if he was stabbed—I considered they had both been injured.

HARRIET HICKMAN . I am the wife of Thomas Hickman, a policeman. I knew the deceased—he kept a chandler's shop—I went to that shop on Mon day, the 2nd of January, between ten and eleven o'clock, for a bundle of wood—the prisoner was at the counter, holding his father by the throat, when I went in—I called to him—he let go of his father, and the father ran towards the parlour door leading out of the shop—I said something, but I cannot re collect what, I was so frightened—the father threw a candlestick at the pri soner—it missed him—the father then exclaimed, "Oh, you have stabbed me, you have stabbed me!"—the prisoner staggered to the door, and exclaimed, "You have done the same by me!"—the prisoner was very much in liquor—his mother then came into the shop, and asked me to assist in getting her husband up stairs—the prisoner went away—I did not see him again that night—I saw no knife or any weapon about—I fetched the policeman—I did not see him find the knife—I saw the deceased afterwards—he served me in the shop about a week after—that was the last time I saw him—he must have been stabbed before I came in—I saw the wound on his left shoul der—the prisoner was holding him by the throat, and he was leaning back on the counter, with his face upwards—I did not hear any words pass between them.

Cross-examined. Q. Did you see the little girl there? A. No, I did not—I thought I saw some one, but I was so frightened—I did not notice a little girl standing at the gate—the prisoner had hold of his father's throat at the time with his left hand.

THOMAS BROWN . I am a surgeon. I was called to the deceased on the 2nd of Jan.—I found a punctured wound in the upper part of the left side of the chest, made by some sharp instrument—it was about an inch and a half in length, and about four inches in depth, extending obliquely downwards and inwards, not a direct wound—I did what was necessary for him, and attended him until he died—I did not apprehend any danger at first—I heard that he went about his business, but I did not see him do so—I gave him strict direc tions to keep quiet, because a punctured wound is always a dangerous wound—I saw him every day, and some times twice a day—he was always up stairs in his bed-room when I saw him—after I first saw him the wound assumed a very dangerous appearance, inasmuch as it never showed any disposition to heal—it was very insidious—there was low fever—I apprehended danger after I dressed the wound the first time, and came to examine it the second time, and saw no disposition to heal—he died on the 20th—I examined him after death—the cause of death was inflammation of the pleura, the covering of the lung, and of the pericardium, the covering of the heart, caused by the wound—I am quite sure the wound was the cause of death—by the Coroner's direction, I fitted this knife to the wound, and they exactly coincided in shape.

Cross-examined. Q. The wound, I believe, was not very deep? A. Not very—it was a superficial wound, but considering it had penetrated the pleura, there was danger to be apprehended—the pleura was actually penetrated—the pleura lines the ribs internally, but the knife might go between the ribs, and in this instance it did—the wound was obliquely across the ribs—in passing down it broke the seventh rib, and the point just penetrated the pleura—I examined that rib—I could not undertake to say it was broken by the knife—it was broken in the direction of the wound—the rib must not necessarily

be in a very bad state to be broken in that way—a rib is very easily fractured—I was not aware of any fracture of the rib when I first treated him—I did not imagine there was a fracture until I saw it—it was broken like a green stick, not entirely through, so that there was not the crevice which we see in a fractured bone—if he had been in the habit of drinking or eating improperly, that would have been very much against the wound healing—it was contrary to my express directions.

COURT . Q. Do you think his habits had any thing to do with his death? A. It might have hastened his death, but not caused it—the knife could have caused the appearances the rib presented—there was nothing in its appearance which the knife might not have occasioned.

(The prisoner received an excellent character.)

GUILTY . Aged 23.— Recommended to mercy. — Confined One Month .

Before Mr. Justice Maule.

622. JOHN HORAN was indicted for feloniously assaulting Edward Fitch , on the 8th of Jan ., and cutting and wounding him on the left side of his head, with intent to do him some grievous bodily harm.

MR. PAYNE conducted the Prosecution.

EDWARD FITCH . I am in the employ of Mr. Webb, a cheesemonger, in the Edgeware-road. On Sunday, the 8th of January, I was in company with a person named Howard—I bad been to Dr. Vaughan's chapel at Kensington, and was returning from there about one o'clock—we entered Hyde-park by the Kensington gate—there is a public footpath there, leading by the barracks, which are on the left-hand side as you go into the park—I observed a sentinel there pacing backward and forward in front of the railings that separate the park from the barrack-yard—it was the prisoner—his sentry-box I think was inside—I saw none outside—I and Howard stopped there—we were attracted by the soldiers in the yard in their undress—they were sweep ing—they had caps on which hung over the side—one of the men jumped on the stool (on which, I suppose, the soldiers sit) leaning on a spade, looking down, and the others were sweeping underneath him on some paved stones—when we stopped to look, the men in the barrack-yard called to the prisoner, "Send them on"—upon that one of them said, "Hit them with your car bine"—I could not see who it was said that—the prisoner upon that said, "Go on," in a very imperative tone—Howard said, "I am not aware that we are doing any particular harm"—the prisoner said still more imperatively, "Go on, Sir"—I said, "I certainly shall not run away"—we had moved a few paces after he spoke the first time, and were proceeding slowly along—we were not within any part of the barracks—I was on the verge of the foot path, which is about ten feet wide, the verge furthest from the barracks next the roadway—after I said, "I certainly shall not run away," the prisoner instantly knocked me down—I was in advance of him, going from him—I had my back to him—he came behind me, and struck me on the left side of the head, and I fell on my right side in the road—I was completely stunned by the blow—when I recovered myself I was bleeding dreadfully from the head, the blood was streaming in torrents—my hat was cut through both the outside and the lining—I bled very much indeed—the blood stained my outside coat, and second coat, my waistcoat, through my stock, shirt, and flannel shirt, to my skin—I was assisted to Mr. Morris's, and had my head dressed—I had not said or done any thing more to the prisoner than I have described, before he knocked me down.

Cross-examined by MR. BALLANTINE . Q. I suppose he was in uniform, and on his duty? A. Yes—his box was inside the gateway, not outside—

there was not sufficient room for it to stand—he was pacing backward and forward in front of the barrack gate, outside the gate—it was not at the barrack gate that I stopped, but beyond, nearer the Kensington-gardens gate—I was able to see obliquely into the barrack-yard—I was not immediately on the beat of the sentinel—I was a short way from the sentry-box, on the footway, and the sentry-box was inside—I was more than a yard from the sentry-box—I do not know the distance—we crossed the footpath to go in at Kensington-gardens gate, and stopped on the footpath to look at the sol diers—I have told all that took place on this occasion—I made use of no expression besides what I have described—I said I certainly should not run away—I had said nothing befoie that—no remark passed from me or Howard to the soldiers—I did not say, "Let us stop here, and see these scavengers violating the sabbath, instead of being at church;" nor, "They have not been long up, they have got their nightcaps on"—I distinctly swear I did not—I will swear I did not use the term "cap" at all, nor did Howard—we did not continue using expressions of that kind for some time—the prisoner did not repeatedly request us to go on—he said twice, "Go on"—those were the only words that passed from the sentry to us.

Q. Why did you not go on? A. Because I considered I was on a public footway, and we had not been on there more than a minute and a half—I had no particular reason for not going on—indeed, we were moving on slowly—I did not say, "Who do you desire to go on, you b----soldier? you may go on and be d----"—that is different from the expression which the prisoner imputed to me in the officer's room—it was, "I shan't go on, you b----soldier, go to h----"—I swear solemnly that I never used such words—I was not using any language of that kind when the prisoner struck me with the carbine—Mr. Smith was behind me—I had never seen him previously—when I was knocked down he came up, shook me by the hand, and said, "I saw the villain knock you down, and I shall be happy to help you bring him to justice," or some such remark—but I have an indistinct recollection of the words—I believe he gave me his name.

MR. PAYNE . Q. At the time Smith came up and spoke to you, had you quite recovered from the effect of the blow? A. Scarcely—I had just got on my legs—I did not observe that my head was bleeding till Howard pointed to it—there is no truth in the expressions attributed to me—I am living with a gentleman who would not allow such expressions—he has a young family, and is particularly careful of their morals, and it a person was to use such expressions he would be instantly discharged.

JOHN HOWARD . I am in the service of Mr. Webb, with Fitch. On Sunday morning, the 8th of Jan., I had been with him to chapel, and about one o'clock, we were in the footpath leading to Hyde-park, by Kensington-barracks—as we went by, we observed the soldiers in the barrack-yard—the prisoner was the sentry on duty outside—he had a carbine—I and Fitch stopped to see the soldiers in the barrack-yard, as they had just come out of their stables with their brooms up—the footpath is very wide there—we were standing on the side nearest the carriage-road, the farthest from the barracks—as we were standing looking at the soldiers, the soldiers hallooed out to the sentry, "Send them on!"—another immediately told him to knock us down with his carbine—with that the prisoner came up and ordered us to go on—I said, "I am not aware that we are doing any harm"—he again ordered us to go on in a more imperative tone—Fitch replied, that he cer tainly should not run away, in a very temperate tone—we moved on—I was moving on when the blow was struck—I was a little in advance of Fitch—I

did not see the blow struck, but on turning round, I saw Fitch down in the carriage-road—his head was bleeding, his clothes stained with blood, and his hat cut—the soldiers did not offer to assist him in any way—I assisted Fitch, after he recovered himself, to the doctor's to have his head dressed—neither I nor Fitch did or said anything to the soldiers besides what I have stated, before the blow was struck—I never used any such expression as, "You b----soldier, go to h----," or anything of the sort, nor did Fitch, in my hearing.

Cross-examined. Q. Am I to understand that neither you nor Fitch said anything loud enough for the soldiers to hear, about their caps? A. No—I do not remember anything being said about their caps—I will swear that I said nothing about their caps—Fitch was knocked down—he got up him self very soon after the blow was struck—he went entirely on the ground, sideways—Mr. Smith came up—neither I nor Fitch said anything about the soldiers being a parcel of scavengers—we did not stand at this place above three minutes in the whole.

ROBERT SMITH . I am a broker, and live at No. 18, Gray's Inn-lane. On Sunday, the 8th of Jan., about one o'clock in the day, I was in Hyde park, near the barracks—I was about three yards behind Fitch—I was pass ing along the public footpath, going the same way as Fitch and Howard—I could see all that took place between them and the prisoner—they stopped together—I stopped about three yards behind them, looking at the soldiers in the yard sweeping—when they stopped, I heard the prisoner say to them, "Go on"—they did go on, directly, about half-a-yard, not much, I should suppose—the men in the yard sung out, "If he don't go on, knock him down with your carbine!"—the prisoner immediately said, "Go on"—they did not go on, and he knocked Fitch down with his carbine—he laid hold of his carbine with both hands, and struck him over the side of the head—Fitch laid down—he seemed stunned, to me—I walked up, as quickly as I could, to lay hold of him—I said, "You are cut"—the blood streamed down his face—the prisoner turned coolly round and put his carbine to rights again—the blow started the ramrod—I was not close enough to see whether the blow started it, but I saw him put it down after—neither Fitch nor Howard used any violent or provoking language to the prisoner, previous to his striking the blow, nothing more than I did myself, turned round and smiled—no violence was committed by them to the soldier, or any abusive language used—they did not say, "You b----soldier, I shall not go on; go to h----!"—I was within three yards of them, and should have heard if they had.

Cross-examined. Q. Was there anything said about their caps? A. I did not hear anything; there might have been—Fitch said something to Howard about caps, what it was I could not hear—Howard was close by his side—I did not hear—he did not call out anything about caps, that I swear—I cannot say what it was, I was looking at the soldiers—I was standing about four yards on this side of the sentry-box nearest to Kensington Park-gate—I was nearest to the barrack-gate, and about two yards from the rail ings—I was at the edge of the path—I do not know how wide the path is.

JOHN SIMS . I am a cab -driver, and live in Gloucester-mews, Portman-square. On Sunday, the 8th of Jan., I took an officer into the barrack-yard, and was waiting there two hours—about one o'clock I saw Fitch and Howard—I heard the prisoner tell them to move on once—they moved on a yard or two, it might be more—some one in the barrack-yard said, "Send him off"—one of the two, I cannot say which, said, "How conspicuous they looked in their caps"—I am sure one of them said so, and the men that were sweeping the

barrack-yard said, "Send them off"—the prisoner then told them to go on again—he took up his carbine, and Fitch was knocked down instantly—the blow was struck at the side of the head or neck, with the barrel-part of the carbine where the ramrod goes in—when Fitch got up he seemed as though he was stunned—I did not see him bleeding, I did not leave my horse's head—I had not heard them use any abusive language to provoke the soldier, or say anything except how conspicuous they looked in their caps.

Cross-examined. Q. How far were you from them? A. I should say it might have been twelve yards from the gate where my horse stood—they were outside the gate, and I was in the barrack-yard—I must have been far ther from them than the soldiers were—I distinctly heard one of the two say, "How conspicuous they look in their caps"—I do not know who that was addressed to—they were looking to see the soldiers sweeping up the barrack-yard—they were not standing quite at the gate, but at a little place at the side, where there is a little grass growing—it is on the public foot-path, not the sentinel's path—the sentinel's path is up to a little past the gate, not quite a yard and a half from the railing, I think—I did not hear the word "scavengers" used, I am quite positive.

JOHN MORRIS . I am a chemist and druggist, and live in High-street, Ken sington. On Sunday, the 8th of Jan., Fitch was brought to my place about a few minutes past one o'clock—he was bleeding from a wound on the left side of his head, about an inch and a half long—the scalp was severed—it might be called a scalp wound—it was dressed under my superintendence—it probably might arise from a blow from a carbine—it was not inconsistent with that.

Cross-examined. Q. Is he pretty well now? A. Yes—there does not appear to be any evil effects arising from the blow—a blow might be struck with a carbine which would kill a man.

Witnesses for the Defence.

JAMES JONES . I am a private in the Royal Guards. On Sunday, the 8th of Jan., I was stationed at the barracks at Kensington—I was sweeping the barrack-yard—the prisoner was on sentry on the line marked out for him, doing his duty quietly, and was interrupted by Fitch and Howard, who came to the gate—I heard Fitch say, "Look at the scavenger soldiers violating the sabbath instead of being at church"—I was within three yards of the rails—I heard Howard say, "Yes, they have not been long up, for they have their night-caps on"—I heard the sentinel order them off—it was his duty to do so, if they were on his beat—they did not go off—I heard one of them, I do not know which, say, "I am d----d if I do"—at that time they moved four or five paces, but not off his beat, they were still close to the railings—I heard the sentry say, "If you don't go off I will knock you down"—I heard distinctly afterwards the words "hell" and "soldier," but did not hear the rest of the sentence—I did not see a blow given, but I saw Fitch after he got up—a carbine is not a particularly heavy instrument—a blow struck with force would not be more than a blow from a stick, I should think—the barrel is a great deal thinner than the butt.

MR. PAYNE Q. What is the barrel made of? A. I believe metal—it is a public footpath leading by the barracks—the sentries' beat is close to the rails—persons standing close to the coach rank are not on his beat—the sen try box is inside the gate—he is posted outside the gate—I do not know whether the path is ten feet wide—my back was towards the prisoner when the blow was inflicted—I do not know which it was said, "I am d----d if I do," or "hell and soldiers"—he has been four or five years in the regiment I suppose—we have orders to clean the yard out—there is a form in the yard

—I did not see any body on it with a spade—I did not hear anybody say "Go on," or, "Make them go on"—I will not swear it was not said—the sen try has orders to keep his post clear—it would not have occurred if he had not been insulted.

ROBERT LYNN . I am a soldier in the Royal Irish Guards. On Sun day the 8th, I was cleaning the barrack yard—I saw Fitch and Howard when they came up to the gate—Fitch said, "Observe those scavengers violating the sabbath"—I was nearest to him—it was said loud enough for me and Jones to hear it—he was told by the sentry to go on—he was on the beat at that time—the prisoner kept on his beat during the whole transaction—civilians are not allowed to be on the sentry's beat—there are general orders to remove them—I swear they were told to go on several times—the second or third time Fitch said, "I will see you d----d first"—the other replied, "I do not see what harm we are doing here"—they moved three or four yards facing the sentry box which could be seen—they did not move off the beat—I heard the sentinel order them on several times, and heard Fitch say, "Go to hell, you bl—y soldier"—I then saw him fall—I have no doubt it was from a blow from the sentinel—the prisoner has been in the regiment four or five years—he was the quietest man we have in the regiment—I was close to Jones when I heard the expression.

MR. PAYNE . Q. Where is the sentry box? A. Near the gate inside—the footpath is about four yards wide—the man fell at the edge of the footpath nearest the carriage road—I suppose he was struck, as I saw him stagger and fall—the sentinel was on his post at the time—I do not know what he was doing—I saw the prosecutor's head bleeding—I did not go to help him up, nor did any of the soldiers.

Q. On your oath, did you not see him take the carbine in both hands, and strike him with it? A. I did not—my eyes were not that way at the tine—I heard the blow—it was something similar to the sound of a carbine on a man's head.

CHARLES LAW . I am a soldier in the 8th Guards. I was on duty in the barrack yard on the 8th—the prisoner was on duty, and the two witnesses were standing on his post—I did not hear any of them making any remark—they seemed pointing to the men in the yard, and appeared to be speaking—I was not near enough to hear what they said—I heard the sentinel tell them to go on twice—I saw the blow struck by the sentinel—I hare known the prisoner two years—he was a well-conducted, orderly man.

ROBERT HARDING . I am a corporal, in the 8th Hussars. The prisoner was in my regiment—he was the quietest man in the regiment—I did not see the blow struck—I heard the sound of it—I was twenty-five yards off—the ramrod of a carbine is tolerably loose—what I heard was the barrel come against the man's hat—the prisoner was on his proper line of duty—the orders are to keep the beat clear.

GUILTY . Aged 24.— Confined One Year .

Before Mr. Justice Williams.

623. GEORGE MERRITT was indicted for stealing, on the 10th of Jan ., 2 mares, price 20 l .; 2 geldings, 15 l .; 2 pads, 3 l .; 4 traces, 12 s .; and 2 collars, 8 s .; the goods of John Brooks : and THOMAS WILLIAM PURSER , for feloniously receiving the same, well knowing them to have been stolen; against the statute, &c.

MR. CLARKSON conducted the Prosecution.

JOHN BROOKS . I am proprietor of an omnibus, and carry on business in Ordnance-mews, Portland-town. The prisoner Merritt is related to me—his wife is my wife's sister-in-law—he was in my service as horsekeeper with me

and Harris, who were in partnership—that partnership was dissolved about June last—I afterwards made an arrangement with Merritt, that he was to be made conductor, (taking him from the horsekeeper's place,) so that his wages on an average the year through would be about 23 s . a week—before that it was 18 s .—I was proprietor at that time of three horses and harness—in July I made an arrangement with him that the profits of the omnibus I ran with Harris would be 24 s . a week—I agreed he should receive 23 s . a week—that his part of the profits should amount to 23 s . a week, the year through for his services as conductor—I did not give him the slightest share or participation in the horses—I hired an omnibus to run from Ordnance Mews to the Bank—I was to pay the expense of keep ing the horses, and the omnibus was to pay the expenses—a horsekeeper was hired, and five horses were devoted to the omnibus—the prisoner was to go with it as conductor—he lent me 6 l . 10 s ., in one instance, and 10 l . 10 s . in another—I paid him back again in Aug.—I did not borrow any money of him on the horses, nor authorize him to take the horses away-Cox was my horsekeeper—I carried on the omnibus from July to Jan.—I paid Merritt from the earnings of the omnibus down to 10th of Jan., and on the 10th of Jan. I learnt something had happened to the horses—on Saturday the 14th, in consequence of information, I went to the house of Pur ser, at Lampton, about a mile from Ealing, and found him at home—I asked if he had any horses for sale—he said, "Yes"—I said, "Will you allow me to look at them?"—he said, "Certainly, walk in"—I went in—he showed me three horses—I immediately said, "They are my property—they were stolen from me on the 10th—I have a receipt to prove they are mine"—I described the party who stole them from me, and said I must demand them of him—he said he could not give them up—he had bought them, and then that he had partly paid for them—I said, "What have you paid?"—he said he could not exactly say—I said, "Whatever it is I will pay you, and take them away"—he said I could not do that—I said, "Then I must give you in charge"—I went and met Sergeant Jeeks, told him of it, and he went with me to Purser's, and then he said he had got the horses from Merritt, and partly paid for them—he would not satisfy us what he paid for them—I gave him in charge—I told him there was also a set of horse-harness stolen from me with "B" on it—he declared he had never seen them, and denied all knowledge whatever of it—the fourth horse which, I had not found then, was a grey mare—I told him four horses were stolen, and asked if he knew anything of the fourth—he said he did not at first—I took him to the station, and then he said he recollected Merritt and he had sold a grey mare to Hitchcock, at Greenford—I was about to have him locked up—he then said he was going, out with his wife to dinner, and had his horse ready harnessed to go, and if I would only grant him that he might not be locked up, the horses should remain on his premises, and not be removed, and he would not advance any money on them, nor part from them on any account, that Merritt was to call for the money on Tuesday, and if he did not call he would give up the three horses to me on paying 15 s . which I said I would do—I asked if he would give Merritt into custody if he came—he said yes, if I wished it—I gave him orders to do ss—I went to his house on Tuesday with Ser geant Thompson, and Merritt and his wife were there—I said to Purser, "I have come for the horses"—he said, "Oh, I have bought them since, and paid for them—I have the receipt in my pocket"—I immediately gave Merritt into custody—the three horses were taken to the station—I did not give Purser in charge till the Friday—the whole of the harness was found on the Wednesday in Purser's back room—they have my initials on them—Merritt

said at the station, if I liked to drop it, Purser should give up the horses—he was remanded till Friday—Purser gave his undertaking to appear upon Friday, which he did—at the second examination Merritt was committed, and Purser admitted to bail—I have found the grey mare.

Cross-examined by MR. ADOLPHUS . Q. How long have you driven this omnibus to which your horses were attached? A. Since July—all that time Merritt was in my employ—he was conductor—I was the driver and proprietor—the names of "John Brooks and George Merritt" were on the omnibus, and also in the licence—it was obliged to be so, on account of his name being on the omnibus—his name was on the omnibus from June to January—I knew nothing of the sale of these horses to Purser—I found Purser at his own house—he promised to attend before the Justice, and he did attend—the grey mare was sold at Southall-market, which is a cattle market—they do not generally sell horses there, not once perhaps in fifty years—very seldom.

Cross-examined by MR. BALLANTINE . Q. Were not the terms on which you and Merritt worked this omnibus together these, that the profits arising from the omnibus were to be appropriated to pay the expenses of the omnibus, the keep of the horses, and the servants? A. Yes—the surplus was to be divided between us, for his wages—it was always understood that he was to receive 23 s . a-week wages from me—I considered him merely as a servant—I considered him as a friend, knowing him some time as a horse-keeper in my employ, and thought he would do more justice than a stranger as conductor—after paying all expenses of the omnibus, the overplus was to be equally divided between us, for his wages—he cannot possibly make me a partner, because the money was mine—I can prove it—I can take my oath of it—I gave him into custody, because I wished my property back, but I consider he deserved punishment as well, because he behaved extremely cruel to me—if the profits exceeded 23 s . a-week he was not to receive more—if the money received one week exceeded 23 s . he would receive more, and next week perhaps it would not amount to quite so much, more or less—during the year through he was to receive 23 s . a-week—if the profits amounted only to 20 s . a-week I should have had to make it up to him—I agreed that he should average 23 s . a-week the year through, and he agreed to accept it—I knew it would not amount to more—I told him I should make it up to 23 s .—he advanced me on one occasion 10 l . 10 s ., and on another 6 l . 10 s ., all of which has been returned—I did not give any acknowledgment to him—I considered him as a confidential servant, and thought he would not wrong me of a halfpenny, that is why I am placed as I am now—he lent me the money to help me carry on my business, to pay something, I do not exactly know what—I wanted money, he had this money in his possession, he said, "I will lend you it, Brooks"—I said, "Very well, George, I will pay it again"—that was money to carry on the omnibus—he never bought and paid for two horses, only by my order—not with his own money—before I was in the omnibus line I was a butcher—after that I was conductor, in the employ of the Paddington Conveyance Company—I did not get into any scrape there—I left because they did not want me any longer—I will swear that was the only reason—they said I had made a mistake in the ticket, the same as there was with George—he was a conductor also—I was not charged with receiving more money than I accounted for—my master said there was a mistake in my ticket—I said I could easily account for it—there were two passengers short in the ticket, but I carried the coachman and his wife to the Bank without receiving any thing for it—I went off upon that—they told me to wait a few days, and I might go on again, but I would not trouble about it—the prisoner bought a horse of me about the commencement of June, and paid me ten guineas for it—he was my horse-keeper at that time—that

horse was worked in the omnibus at the time I and Harris were partners—I swear it was never driven in my omnibus while Meritt's name was on it—he did as he liked with it—he lent it to Mr. Staples, of Paddington, to work two journeys a-day for the keep of it—this is one of my cards—( looking at one )—that was a matter of course—I can prove how that was very easily—I know An gus Campbell—I did not, before him, enter into an agreement to work this omni bus with Merritt as partners—I did not on Monday evening, the 9th of Jan., offer to give the prisoner 5 l ., and to pay all the liabilities of the concern if he would turn it over to me—I offered him no such money—I told him he should got be conductor any longer on account of robbing me of several sixpences, but he should be horse-keeper—that was what I said before Campbell—I did not say it in the terms put—I did not say any thing about 5 l .—I told him that as I had found him out in robbing me of several sixpences he should not be con ductor any more, and if he chose to go horse-keeper, as he was in the first instance, he might have the place at 18 s . a-week as usual, if not I should dis charge him altogether—I never let him act as conductor after that—he refused to accept that offer—I did not then offer to divide the property into two lots, one lot to consist of a horse, mare, and harness, and the other of a horse and mare—I did not agree that each lot was to be valued between ourselves, and that we should draw for the lots, and pay the money that I owed him—I owed him none—there was 34 l . owing to the creditors, and I told him, as the name was on the omnibus it should be scratched off, and I would take all debts on myself, and give him the horse-keeper's place as usual—he said, "Oh no, I shall not take the horse-keepers place now I have been conductor"—I said, "Very well, you may do as you please"—on my oath the prisoner did not act as conductor the next morning—I had something to attend to that day.

MR. PAYNE . Q. Did you, or not, drive on the morning of the 10th? A. I did, two journeys—Cox the horse-keeper acted as conductor, not the pri soner—I had a summons to attend to, from Mr. Blower, respecting damages—after Purser was admitted to bail, I heard him say, "Mind, I have not bought the horses," which was a contradiction of what he said before.

JOHN COX . I was the prosecutor's horse-keeper. On the 10th of Jan., about half-past six o'clock in the evening, I came from tea, to put the horses in the omnibus, to go the last journey—Merritt assisted me in harnessing them, and said, "I will go and see what the time is"—he went, and came back into the stable, and said, "Bring them out, there is three or four passengers going from Loveland's china-shop; do you know where it is?"—I said not—I brought one horse and one mare outside the stable, and he locked the door—I left him, and went to make inquiries at Loveland's, in High-street, Portland-town, about two hundred yards from the stable—the omnibus stood at the comer of the mews—there were two bay horses and a bay mare inside the stable—one of them was ill—I found no passengers at Loveland's—I then went to another china-shop—I was absent eight or ten minutes—when I returned the horses were not in the buss, and two out of the stable were also gone, nor was Merritt there—the one which was ill was left—two horses and two mares were gone—he had never sent me on such an errand before, and did not tell me what he was going to do.

Cross-examined by MR. BALLANTINE . Q. What were your wages? A. 15 s .—Merritt paid me every Saturday night—Merritt received the fares of the buss, and paid me out of it, under Mr. Brooks's instructions—I have talked over this matter with Brooks since—he told me the prisoner said he was a partner, but he was not—he knew I was to be a witness—Brooks took away the plates of the omnibus on Monday morning, the 9th of Jan.—I had never seen it without plates before.

Cross-examined by MR. ADOLPHUS . Q. You have been made conductor? A. Yes, since the 10th of Jan.—my name was not painted on the omnibus—it is not running now.

MR. PAYNE . Q. Did Merritt appear the master of the horses? A. No.

THOMAS HITCHCOCK . I am a butcher and cow-dealer, at Greenford, and attend Southall market. I knew the prisoners, by seeing them there—on Wednesday, the 11th of January, I saw them together at Southall market, with two horses and two mares, one a grey mare—Purser sold the grey mare to me, but when I asked him questions about it, he said it was not his property, he knew nothing about it, he was only commissioned to sell it—Merritt was present—I paid 4 l . 5 s . to Merritt, and 5 s . commission to Purser, for selling it—there was another grey, and, I think, a bay and a brown mare, there—the grey mare has since been taken from me by the policeman.

Cross-examined by MR. ADOLPHUS . Q. You paid toll and every thing in the usual way? A. Yes—it is not true that a horse is not sold at Southall market once in fifty years—I know Purser by seeing him frequently at the market—I have known him have horses himself there for sale.

MR. PAYNE . Q. Is Southall a horse market? A. Yes—there were none in the market besides these that day, nor the market day before, to my know ledge—it is not so common a market for horses, as for sheep and cattle, but I have often known them sold there.

CHARLES JECKS ( police-sergeant T 20.) On Sunday, the 15th of Jan., I went with Brooks to Purser's house, and saw him there—the prosecutor said the horses in his stable were his—after some altercation, he was given into custody—he said he had bought them of Merritt, but had not paid for them; he had paid something, but would not say what—there were three horses in the stable—the grey mare was spoken of—I did not pay attention to it—nothing was said about it at that time, but after taking him to the station, he agreed that, if the horses were left in his stable, they should be returned on Tuesday, on payment of 15 s ., and if Merritt came for the money he would give him into custody—on that agreement, I gave the horses up again, and Purser was released from custody—they went away together—on the Tuesday I went again to Purser's house, and saw Merritt there in the back room—Purser did not give him in charge—I told Mer ritt I should apprehend him on a charge of horse-stealing—he said they were his property—Purse said I should do wrong if I did take him—I said I should keep him till I could communicate with the party who gave information to me—Purser said I should do wrong if I did, for before Brooks left him on Sunday he said he would have nothing more to do with the case—the three horses were then in the stable—I had left Brooks and Purser together on Sunday—he said, Brooks said he might pay Merritt—that he had paid him, and had got the receipt in his pocket—I took Merritt to the Hounslow station—I heard Purser say that day that he knew where the har ness was, and it should be forthcoming the next day, but he had not got it—on the Wednesday I went again and saw Purser—the harness was asked for—he refused to let us have it—I said I would get a search warrant to look for it—he then said, "Come in," and gave it up—it was in a back room in his house—Merritt said at the station on Wednesday, that if Brooks would drop it, Purser should give up the horses.

Cross-examined by MR. ADOLPHUS . Q. Was there other harness in the back room? A. I did not see—there might be a bridle, but no harness—this hung on hooks—I saw no other hooks—Purser was not present when Merritt said he should give it up.

MR. PAYNE . Q. Was that observation made after Purser said he had bought them, and had his receipt? A. It was.

THOMAS HENRY THOMPSON . I am a policeman. I went with Brooks to Purser's house on Tuesday, the 17th, and found both the prisoners and Jeeks in the parlour—Brooks gave him in charge—Merritt was then taken—in com ing out of the house I asked Purser where the horses were—he said, "In the yard"—I said, "I must have them"—Purser sent a boy to fetch them—the boy took them to the Hounslow station—it was one horse and two mares—Purser said he had bought the horses, but had not paid for them—I went again on Wednesday, and asked if he had got the harness—he said it should be forthcoming—I said I must have it then—he put his arm across the door—I said, "It is no use being foolish about it, I have no doubt you have got it"—Jecks said, "I will go and get a search warrant"—Purser said, "I will show you where it is"—he took me up a few steps to a room, and showed it to me on some pegs—I afterwards got the grey mare from Hitchcock.

THOMAS COOK . I am a harness-maker, and live in Arlington-street. I sold a regular omnibus harness to Brooks last summer—he paid me for it—I pot the letter "B" on it.

Evidence for the Defence.

ANGUS CAMPBELL . In July last I was living in the same house as the prisoner Merritt—he is married to my step-daughter—Brooks is my son-in-law—he married my own daughter—I heard the arrangement they made at starting this omnibus; that they were to lay out equal sums of money to purchase horses, and different things connected with it—they were to hire an omnibus, and the expenses were to be paid out of the earnings—Merritt had purchased a mare of Brooks previous to the partnership, and it was agreed that this mare would be taken in at the same amount as he purchased it for—that mare was swapped away—they never worked her, as she was a kicker—Harris and Brooks were in partnership before that, and they purchased her—they broke partnership—Brooks sold the mare to Merritt, and she was to be received back at the same amount as he sold her at—they changed her away—the horses they purchased were brought to the stable—I saw the horses, and heard them both talking together about what they paid for them—I heard Merritt say to Brooks the week before they broke partnership, that there was water running from the horse's eye—on the evening of the 9th of Jan. Merritt came to my room—Brooks was there—they both talked about dissolving partner ship—Brooks offered to give Merritt 5 l ., and exonerate him from all the debts, which he said was 31 l ., and that he would also take him as stableman, and give him 18 s . a week—they were not quarrelling then—Merritt would not agree to the proposal—they laid out the property in two lots; one lot to consist of a horse, mare, and harness; the other, a horse and mare—they considered each lot worth 17 l .—they then talked about which lot each should have—I said, "It would be the fairest way for me to make tickets, and you draw for them, "but it broke off that evening—on the 10th they went to work again—Brooks went the first journey, Merritt the second, and Brooks the third, and when Merritt was to have gone again, he had gone away, and the horses too—I never heard Brooks call Merritt a servant during this transaction—they both considered themselves proprietors of the buss.

NOT GUILTY .

Second Jury, before Mr. Recorder.

624. MARGARET HAYES , CATHERINE BRIAN , and ANN DA LEY , were indicted for feloniously assaulting John Collins , on the 19th of Jan ., and cutting and wounding him in and upon his left hand, with intent to do him some grievous bodily harm.—2nd Count, with intent to resist and prevent the lawful apprehension of the said Catherine Brian.

JOHN COLLINS . I live in Salmon's-lane, Ann's-court, Limehouse, and am a labourer. On Thursday evening, the 19th of Jan., I met a man named Sullivan, whom I knew at the West India Docks—he took me to a room where the three prisoners were—I understood it was Twine-court—I and Sullivan sat down in the room—Brian sat between me and Sullivan—Sullivan asked if I would have any beer, and I gave him sixpence—I had six half-crowns and sixpence in my trowsers' pocket—I took a sixpence out of my purse, and put it back into the lin ing of my hat, which I put on—Sullivan went out for the beer, and while he was gone Brian got up, knocked my hat off, made a grab at the purse, and took it ith her—I got up and took hold of her behind by her dress—Hayes and Da ley got hold of me, dragged me on the floor, and Brian ran down stairs—they separated me from her—when she had got out they let me go—I followed out of the house, and when I got out I saw all three going towards a public-house—I seized Brian in the street—I said it was a shame for her to take such a poor man's money—she called out to the others to catch hold of me, to keep me away—I had hold of her by the right hand—the other two seized hold of me, and got my right hand from her—I laid hold of her left hand then, and while I was holding her hand, Daley cut me with a knife—I saw a little of the knife in her hand—I went to the station—on the Monday following I found the prisoners at a public-house, and gave Brian into custody.

Daley. I did not cut your hand; I had no knife; you was drunk, and Sullivan had taken you down stairs. Witness. I was as sober as I am now—Sullivan did not take me down stairs—my hand was much hurt—I am cer tain she cut it.

Brian. Q. Did you not come down stairs with Sullivan quiet enough? A. No—I did not go out for bread and cheese—I did not accuse another woman of robbing me of 1 s ., nor did I take a quilt from a woman.

ROBERT FROST SMITH ( police-constable K 277.) I took Brian into cus tody—no money was found on her but a foreign copper coin.

JOSEPH SMITH ( police-constable K 386.) From information I received, I apprehended Daley and Hayes, in Twine-court—I cannot say whether they lodged there—they were in bed—they were searched—no money was found on them, nor anything relating to this charge.

FREDERICK JOSEPH ELSOM . I am a chemist. The prosecutor came to my house on the following evening—I saw a cut between his third and little fingers, rather better than a third of an inch deep, or from that to half an inch, and half an inch long—it was such a wound as a knife might make—it was not a dangerous wound; I should say it was such a wound as a man might get in a scuffle, without any deliberate attempt—the knife must have been in serted between the fingers—that was the only cut he showed me, and I believe that was the only one he had—no injury of any sort could arise from such a wound—it was not likely to produce any grievous bodily harm.

Daley's Defence. I had no knife; I never touched him, or put the knife near him.

JOHN COLLINS re-examined. I am quite sure that Daley cut my hand—I was not drunk—I am married.

R. F. SMITH re-examined. She was always considered a very quiet girl in the street—she walks as a prostitute—I never knew her locked up, or knew any act of violence of her—I did not see her on the morning it happened.

DALEY — GUILTY of an Assault. Aged 20.

HAYES and BRIAN — NOT GUILTY .

625. MARGARET HAYES , CATHERINE BRIAN , and ANN DALEY , were again indicted for stealing, on the 19th of Jan ., 1 purse, value 1 d ., and 6 half-crowns; the property of John Collins , from his person.

JOHN COLLINS . I met Sullivan, and went with him to a public-house, we had a pot of beer each, and came out—he asked me to go to a friend's with him—he took me to the room the three prisoners were in—I sat down close to the door—Brian sat between me and Sullivan—I gave Sullivan 6 d . to fetch half-a-gallon of beer—I had six half-crowns in my purse, which I put between the lining of my hat, and put it down on my head—Brian got up, knocked my hat off, and made a grab at my purse—I grasped at her as well as I could—the other two grasped at me, and kept me till she got down stairs, and then let me go—I went out after her, and saw all three over at the public-house—I caught hold of Brian, who had taken my money—the other two got my right hand from her—I took hold of her again with my left dand, and Daley cut it—I am sure Brian knocked my hat off and took my money—I had earned the money at the docks—I do not know whether the prisoners lodged at this house—I could not see a policeman, or I would have given them in charge at once—I did not go to look for them till the Sunday, as I was not very well—Sullivan wanted to go to work, and said he would go with me on Sunday to show them to me—I never saw the beer I sent him for—I have seen him since, but not that night—since this took place we have not been acquainted.

JOSEPH SMITH . I am a policeman. I received information on the 24th of Jan., and went in search of the prisoners—I apprehended Hayes and Daley in bed, in Twine-court—I did not apprehend Brian.

Brian. I had nothing to do with robbing him.

Hayes. I never saw a farthing of his money.

JOHN COLLINS re-examined. My hat was knocked down on the floor—the purse fell out—Brian took hold of it, and ran off with it—I picked up my hat directly, and screamed out that I was robbed—I went to look for her on Sunday and Monday night—I saw the three drinking in a public-house—they handed me a pot of beer—I went out till I saw a policeman, and to give her in charge; and as they went out I took hold of Brian and another—my hand was sore, and I let her go, and kept Brian—the constable did not wish to take her so readily, but I said, "Take me and her to the station."

HAYES — GUILTY . Aged 20.

BRIAN — GUILTY . Aged 23.

DALEY — GUILTY . Aged 20.

Transported for Ten Years .

626. WILLIAM COOK , JOHN BARDEN , and HENRY SEASON , were indicted for breaking and entering the dwelling-house of George Evans , on the 25th of Jan ., at St. Pancras , and stealing therein, 10 yards of ribbon, value 8 s ., and 2 handkerchiefs, 4 s .; his property.

ALEXANDER ANDERSON . I am shopman to George Evans, of No. 150, Tottenham Court-road, in the parish of St. Pancras—there was a pane of glass in the shop-window repaired on the 25th of Jan.—in the course of that day the prisoners, Cook and Barden, were brought to me by a policeman, and I found that the square of glass which was broken in the morning, and repaired, was taken out entirely—I missed a piece of ribbon and two hand kerchiefs, which are here, and are my master's property—they were safe at five o'clock—this was near seven.

Cross-examined by MR. PAYNE . Q. How do you know those handker chiefs? A. By marks—a whole square of glass was put in, and these goods were near it—in the evening it was gone, quite out—it was a small square at the side of the window—it was the same as had been put in, and part of the glass was left—the putty was wet.

JOHN EATON ( police-constable S 193.) Between six and seven o'clock, on the 25th, I was in Tottenham-court-road, in private clothes, and Saw the three prisoners and another round Mr. Evans's shop-window—I watched them for about a quarter of an hour—Cook and the other one who has escaped, stood at the corner of Grafton-street—I saw Barden and Season go to the corner and speak to Cook and the other—I went to the window, and saw there was a hole in it—I saw Barden and Season go to the window again, and saw Barden take something from the window—he then went and joined Cook and the others—I saw them go away—Barden and Season crossed and went on the opposite side—Cook remained on the side I was—I laid hold of him, and called to a man to lay hold of Barden, which he did—in going along Cook tried to take something out of his pocket, and in going to the station I took the ribbon and handkerchief out of his pocket.

Cross-examined by MR. PRICE . Q. They all ran away except Cook? A. Not ran away—they left Cook standing there—there are a good many boys about there—Mr. Evans's shop is at the corner of Grafton-street.

(Cook and Barden received good characters.)

COOK — GUILTY [Of Stealing only: see original trial image.] . Aged 16.

BARDEN — GUILTY [Of Stealing only: see original trial image.] . Aged 16.

Confined Nine Months .

SEASON — GUILTY [Of Stealing only: see original trial image.] . Aged 15.— Confined Six Months .

Of Stealing only.

627. FREDERICK WILLIAM MESSOW was indicted for feloniously and knowingly uttering, on the 5th of Jan ., a forged bill of exchange for 15 l ., with intent to defraud John Rose .—2nd COUNT , for feloniously uttering a forged acceptance to the said bill, with like intent.

JOHN ROSE . I keep a coffee and pie-shop in Ratcliff-highway. On the 5th of Jan. I saw the prisoner at my house, he was a perfect stranger—my wife had seen him one or two days before—in consequence of what she told me, I agreed with the prisoner to board and lodge him for 17 s . a week, and told him we wished for security—he said he would give us security, and pro duced this bill—he said nothing about the bill—he also produced a letter, which he laid on the table, and said he supposed that would be of no ac count to me, as it was written in a foreign language—I believed the bill to be genuine—he continued to board and lodge at my house from that day till the 20th of Jan., when it purports to be due—(the bill was dated, "Hambro', 20th Dec, 1842, for 15 l ., payable at W. Scott and Son's, St. James's-place")—on the 20th of January, at breakfast-time, I said to him, "At what time to-day will it be most convenient for me to go with you and cash this bill?"—he said, I should oblige him very much, if I would allow the account to stand over till the following Monday, and he would then draw his own money himself—I said, "Very well;" but in the course of the morning a young woman called on me, and stated something which he did not hear—at dinner-time I repeated ray ap plication to him, to go and get the bill cashed—he said nothing then—after dinner, the young woman and her mother came to the house, and said, in his presence, that she believed him to be no better than a man who had passed a similar kind of bill on her—I do not know what he said to that—I said I thought she was deceived, I had no doubt he would put on his hat, go with me, and get the bill cashed, and prove his character good—he made no answer to that—I repeated it again, he still made no answer—at last I put my hat on, went to the door, and said, "Now I am ready, will you come with me?"—he then said he wished to speak to me—we went into the parlour, and all at once he said the bill was not a correct one, but be ex pected to get a situation on the Monday following, and he would pay me, or endeavour to pay me, if I would wait till then—I said that would not do,

that I felt much hurt at his conduct, and roast give him into custody—I sent for an officer, who took him—I have since seen a letter in Collins's hand, I believe it to be the same the prisoner produced to me—it is dated "Brighton," as the place written from—the post-mark also appears to be meant for Brighton—I do not observe any foreign post-mark on it.

Prisoner. The bill is a flash one, not a forgery; Rose is well aware of the person who wrote the bill, and he did not give him into custody; he was at his bouse the next day; it is drawn on a house which does not exist in Lon don, and from a house which does not exist in Hamburgh; it cannot be called a forged bill; I was compelled to do it from the utmost necessity; I had no home to go to; I had no intention to deceive Mr. Rose. Witness. I was not aware that the writer of the bill was at my house.

DENNIS COLLINS . I am a policeman. I apprehended the prisoner—I asked him what objection he had to go to get the bill cashed—he said it was no use to go, it was a bad bill—I said was he not aware of that before he produced it—he said he was, and the utmost necessity compelled him to do so, it was given him by a friend—I went to St. James's-place, St. James's-street, and inquired for W. Scott & Son, where it is made payable—I could find no such persons—I do not know any other St. James's-place in London.

Prisoner's Defence. I am quite a stranger here, and have no person to give me any information; I referred Mr. Rose to a gentleman who knew me well, but I do not know whether he inquired of my character.

JOHN ROSE re-examined. A day or two after this circumstance, the gentle man in question called accidentally at my house—I called Collins the officer in to witness what passed—I told him Mr. Messow was in custody on the charge—he said he was extremely sorry to hear of it, he was aware he had a brother residing in Hambro', in very respectable circumstances, and he had no doubt had he applied to his brother for assistance, he would have received it from him, and that he was astonished he had not done so; and had be ap plied to him, he himself would have granted it to the amount of 1 l . or 2 l .—he said nothing more of him—his name is Schroeder, and he is a partner, or in some way connected with Castric and Co., of Philpot-lane.

JURY . Q. Did the prisoner give you the bill as security? A. Yes—I asked him for security—he said he would give me security—he produced the bill, and laid it on the table—I told him I would accept it as security, and kept it in my possession—I gave him a written acknowledgment.

GUILTY . Aged 25.— Recommended to mercy. — Confined Two Years .

628. CATHERINE DEMPSEY was indicted for stealing, on the 13th of Nov ., 1 watch, value 6 l .; and 1 watch-guard, 1 l .; the goods of Edwin As ton , in the dwelling-house of John Broom .

EDWARD ASTON . I am servant to Mrs. Cook of No. 9, Wimpole-street. On the 12th of Nov. I slept at Mr. Broom's, at the Rising Sun, in Air-street—the prisoner was servant there, and made my bed—I put my watch under the pillow—I went out next morning and forgot it—I missed it afterwards, and spoke to her about it—she said she, hod not seen it—the watch and guard is worth 7 l .

Cross-examined by MR. PAYNE . Q. Where did you buy it? A. In Hampshire, fourteen months ago—I gave seven guineas for the watch—the guard is silver—I have heard this is a house where fighting men resort—it is kept by the celebrated Johnny Broom, who fought Bungaree—I slept there three nights—I went away about half-past nine o'clock in the morning—I

came back in half-an-hour, or about ten—the prisoner had not quite finished the bed then—I found her making the bed, and asked her where my watch was—she said she had not seen it—I looked behind the pillow—I do not think I had been out an hour.

FELICIA TWIST . I am barmaid at the Rising Sun, in Air-street, kept by John Broom. On the 12th of Nov. I accused the prisoner of taking Mr. Aston's watch—a constable was fetched, and the prisoner's room was searched temporally , but we searched more up stairs than down—on Saturday week we searched her room again with the constable, and found the watch in her bed, among the feathers, in a piece of black silk—the bed had a pin in it where it had been opened—when the watch was found, the prisoner said she had found it two days afterwards.

Cross-examined. Q. Is not the house frequented by pugilists? A. Ge nerally by respectable people—there was a raffle there, in which I was con cerned—it was a poor man, and I was sorry for him—I gave the prisoner a ticket in my name—it was for a pair of silver sugar-tongs—she never got them—I do not know whether she got German silver ones instead—I gave her a pair—I am no judge of silver—I believe she won silver ones, and got German silver ones—she asked me about them—we did not quarrel about it—there was something said about it—I was present when the watch was found in the bed—I do not know how it got there—it was between two and three months after it was lost—the prisoner was in the room at the time.

COURT . Q. What parish is the house in? A. St. James's—Mr. Broom was not present when the watch was found—he asked how she could think of taking the poor man's watch—she said she found it two days after.

JOSEPH MOUNT . I am a policeman. I assisted in searching the room—I saw the watch found among the feathers in the bed, wrapped up in a bag, and then in a piece of silk, and pinned up between the ticking—there had been a number of things lost when I searched—nobody in particular directed us to search there—we had searched round the room—the prisoner said she found it two days afterwards, and put it there.

FELICIA TWIST re-examined. Nobody else slept in the room—it was not let out occasionally to lodgers—nobody ever went into it but herself—it was always kept locked, and she kept the key herself, and always carried the key by her side.

GUILTY . Aged 23.— Confined One Year . (There was another indictment against the prisoner.)

OLD COURT .— Saturday, February 4 th , 1843.

Fourth Jury, before Edward Bullock, Esq.

629. HENRY BARBER was indicted for stealing, on the 1st February , 481bs. of beef, value 1 l ., the goods of Edward Cheatle ; to which he pleaded

GUILTY .— Confined One Month .

630. JOHN GREGORY was indicted for stealing, on the 21st of Dec , 45 knives, value 3 l .; 6 forks, 2 s . 6 d .; and 5 pairs of scissors, 4 s . 6 d .; the goods of Richard Benbow Bradley : and THOMAS PEPPER for feloni ously receiving the same, well knowing them to have been stolen; against the Statute, &c.; to which

GREGORY pleaded GUILTY . Aged 18.— Confined One Month .

PEPPER pleaded GUILTY . Aged 48.— Transported for Seven Years.

Before Mr. Justice Williams.

631. THOMAS MESSENGER was indicted for conspiring with others to obtain certain monies from the Court of Chancery ; to which he pleaded

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

632. CHARLES DONOVAN was indicted for feloniously assaulting Martha Jackson , on the 29th of Jan ., and stabbing and wounding her in and upon the left side of her chest, with intent to do her some grievous bodily harm.

MARTHA JACKSON . I am single at the present time—I have been mar ried, but I have lost my husband a long time—I am an unfortunate girl—I lived in Pheasant-court, Gray's inn-lane, for one week, about the middle of Jan.—I had a room—last Saturday night week, about twelve o'clock, I was with two or three others in Gray's-inn-lane, and saw the prisoner—I had never seen him before—he spoke to me first, and it ended in our going home together to my room—he gave me a half-crown before we went home—I paid for a pot of porter out of that, and we took it home with us—he was very drunk—I do not think he knew what he was about—we went to bed—when we had been in bed about three quarters of an hour he got up, and insisted on the trifle he had given me back again—he said, "I shall have my money back again"—I refused, and a scuffle ensued—he took the key out of the door, and I could not get out—he was not in bed when he asked for the money back—he was dressed—he had got up—he was undressed before—it was after he was dressed, and when he was going away that he asked for the money back—he would not give me the key of my door—there happened to be a knife on the table—I suppose he did not know what he was about—he only gave me a slight stab in the neck—it was a white-handled knife—this now produced is it—he said something at the time—I do not know what it was—he was very tipsy—I was undressed—I had got my petticoats on, but not my frock—Mr. Taylor, the head surgeon at the workhouse, dressed the wound, and it has got well now—it bled very much at the time—I threw up the window, and called for a policeman, because I was in the dark—I did not call any thing but "Police"—I have been examined before—I only called "Police"—the policeman came—the prisoner was then sitting down at the side of the bed—the policeman did not see what was done to me—he might have seen the stain on my chemise—I do not know whether he did or not—the prisoner did not get back any of the money—he was taken into custody.

Cross-examined by MR. BALLANTINE . Q. The prisoner was very drunk at the time he went home with you? A. Yes, very drunk indeed—when he got into the house he was quite insensibly so—he did not say I had got a sovereign of his—he merely requested to have back his money—I was endea vouring to get the key from him—he had declared I should not leave the room—he was so insensibly tipsy he did not know what he was about—he did not take the knife up before he said I should not leave the room—I am sure he struck at me—the injury was very slight indeed—if he had not been tipsy I do not think he would have done it.

COURT . Q. Have you seen anybody lately coming from the prisoner? A. No.

MR. BALLANTINE . Q. I believe it was not your wish at all to come here? A. No—the policeman took me before the Justice.

HENRY TATE ( police-constable G 136.) Last Saturday night, about one o'clock, I was on duty in Gray's-inn-lane, and heard a scream of "Murder" from Pheasant-court—I went there, and went up into an apartment, where I found the prisoner sitting on the bed in his shirt-sleeves—he seemed very much agitated, and he charged the prosecutrix with robbing him of a sove reign—she then turned round, and eharged him with stabbing her with this

knife—there were three or four other persons in the room before me—one of them had this knife in her hand, and she handed it over to me—I requested the prisoner to dress himself, and come along with me, and the prosecutrix also—as we were going to the station, she said she did not wish to press the charge, and he did not wish to press the charge against her about the sove reign—I said I could not settle it now, they must go before the inspector—I took the prosecutrix to a surgeon on the Monday morning—when I came into the room I saw that she had a cut on the left side of her neck, and blood was coming from her—I saw the surgeon dress it—it was a very slight cut indeed—there was very little blood from it—the prisoner was drunk.

(The prisoner received a good character.)

GUILTY of an Assault. Aged 28.— Confined One Month .

Before Mr. Justice Maule.

633. MARY ANN CLARINGBOWL was indicted for feloniously break ing and entering the dwelling-house of Louisa Bugden , on the 16th of Jan ., at St. Leonard, Shoreditch , with intent to steal, and stealing therein, 2 gowns, value 1 l . 13 s .; 1 shawl, 5 s .; 4 sheets, 8 s .; 1 table-cloth, 2 s .; 1 bed-gown, 1 s .; 36 stay-laces, 1 s . 6 d .; 60 boot-laces, 2 s . 6 d .; 1/4 lb. weight of cotton, 6 d .; 1/2 lb. weight of thread, 1 s . 4 1/2 d .; 24 pieces of tape, 2 s . 6 d .; 1000 needles, 2 s . 8 d .; and 6 bodkins, 6 d .; her property.

LOUISA BUGDEN . I am a widow, and occupy the back and front parlours of No. 6, Short-street, in the parish of St. Leonard, Shoreditch. I am not the housekeeper—I keep a little shop in the front-parlour, and sleep in the back—no one but me occupies them—when I go out I lock them up—I know the prisoner—she is the wife of a policeman—she lived at No. 7, Short-street, opposite me—she visited me sometimes—on Monday afternoon, the 16th of Jan., at ten minutes past four o'clock, I was talking to the prisoner at my own door—I told her I was going to Stepney—she said as I was going out she would not detain me, and she went home—I then went up stairs to Mrs. Saxon who lodges on the second-floor—I came down again between five and six to get my bonnet to go out, and when I came down I missed my things, and saw the back-parlour window was taken out—it had been fastened in side—a square of glass was broken to enable the party to undo it, and the broken glass was lying on a box—the window stood outside, in the back-yard, on the ground, and the washing-tub was turned bottom upwards under the window—that would enable a person to get in—I had left my clothes in the drawer when I went up stairs, and when I came down they were gone—I missed the articles stated, which are worth from 2 l . 10 s . to 2 l . 15 s . to me.

ELIZABETH SAXON . I am the wife of William Saxon, and lodge in the same house as Mrs. Bugden. She came to me on Monday afternoon, the 16th of Jan., between five and six o'clock—I went out, and as I returned soon after, the door of the house was open—I turned round to shut the door, and found some one behind it—I cried out, "Good God, who is there?"—it was the prisoner—she said, "I have knocked three times; I can make no one hear; I wanted a halfpennyworth of pins"—I said I would call Mrs. Bugden down—she said, "No, never mind, by and bye will do, as I am not in want of them now"—I then went up stairs, and left the prisoner in the passage.

ELIZABETH CHAMBERLAIN . I am a widow, and live in Wood-street, about 100 yards from Mrs. Bugden. I knew the prisoner by sight, but not by name—on Monday, the 16th of Jan., between five and six o'clock, she came and knocked at my door—my son opened it—she flew in with a lot of things, not tied up in anything, and said, "Let me leave these things with you a few minutes," and she flew out of the house again, as fast as she

came in—she came back again in about a quarter of an hour, and took the things all away, and said she was much obliged to me—I made her no answer.

JAMES BRANNAN ( police-sergeant G 20.) On the 16th of Jan., between ten and eleven o'clock at night, I took the prisoner—I told her she was sus pected of committing the robbery—she said she knew nothing at all about it—on the Thursday following, at Worship-street Police-court, I received a message from the prisoner, stating that she particularly wished to speak to me—I went to the cell where she was—I did not know her before, no more than seeing her about—she is the wife of a policeman of the division I be long to—she lives with him—she called me by name, and said, "I suppose, Brannan, you are aware I have done this?"—I said, "Done what?"—she said, "Taken these things"—I said, "Well"—she said, "I suppose it will make it no lighter or worse for me if I tell you?"—I said, "I can hold you out no promise, do as you please"—she said, "I pulled down the back window, placed a washing-tub underneath, and got the things; I took them to the washerwoman's house, in Wood-street; I afterwards called for them, and removed them to a house in the Vinegar-ground; I don't know the number or the name of the street"—I then received instructions from the Ma gistrate to accompany the prisoner to the place that same night—I found it was No. 24, Vincent-street, Old-street-road—it is a common brothel—I there found the whole of the property in question—I found a quantity of needles on the prisoner, which I have here, and which the prosecutrix identified, and some tape at her lodgings.

MRS. BUGDEN re-examined. These' are all my things—here are my own dresses—these needles are mine—they are what I had for sale—also these tapes and laces.

Prisoner. She left the needles and tape in my house herself. Witness. No, I did not—I served you out of this paper the last time you had any.

Prisoner's Defence. Mrs. Bugden was living with me for a fortnight or three weeks; she used to bring her work there, and she left the needles and tapes there.

GUILTY . Aged 33.— Confined One Year .

Before Mr. Justice Williams.

634. JAMES BEACON , RICHARD HALL , and JOHN MURPHY were indicted for breaking and entering the dwelling-house of Henry Charles Sandford Dodd , at St. Leonard, Shoreditch , on the 26th of Jan ., and stealing therein 1 gown, value 2 l .; 1 locket, 10 s .; 3 spoons, 9 s .; 1 neck-chain, 5 s .; 1 ring, 5 s .; 1 pair of gloves, 1 s .; 1 sovereign, 6 shillings, and 2 sixpences, his property.

LOUISA DODD . I am the wife of Henry Charles Sandford Dodd, and live at No. 29, Rutland-street, Kingsland-road—we have the whole house. On Thursday morning, the 26th of Jan., I went out with my husband at eleven o'clock—we left no one in the house—I saw my husband lock the street door, after fastening up all inside—he took the key with him—we came home together at nine in the evening—I went to the corner house to fetch my baby, while he went to get a light—when I got into the house I found that my drawers and two boxes were broken open—I missed my silk dress, a coat of my husband's, a pair of gloves, 27 s . in money, and other things worth altogether 6 l . odd—the street-door was, I suppose, opened with a skeleton key—the other doors were as we had left them, except the back-door—we had left that bolted, and found it unbolted—it was not broken—we saw some of our things the same night at the station.

HENRY CHARLES SANDFORD DODD . I went out with my wife, and re turned with her—I went first into the house—the street-door was only sin gle-locked—I had left it double-locked—there was no appearance of violence about the house—my wife has given a correct account—I missed what she has stated—my house is in the parish of St. Leonard, Shoreditch.

WILLIAM EDWARD BALL ( police-constable N 386.) On Thursday even ing, January 26th, about seven o'clock, I and Kemp were passing down the Hackney-road, 400 or 500 yards from the prosecutor's house, and ob served the three prisoners turning out of Thomas-street, Hackney-road—we suspected them, and went up and searched them—we laid hold of Murphy first—he had at that time a Taglioni coat on—I only searched the skirts of the coat, and finding Beacon was going on a-head faster than the rest, apparently with something in his pocket, I left Murphy, went after Beacon, laid hold of him, and felt in his pockets, and in the tail of his coat I found nine skeleton keys, and one latch-key—I said, "What are these?"—he said, "Oh, I don't know"—at this time Kemp had Hall in custody, and was shoving him into a hatter's shop—I did the same with Beacon—they both commenced a violent resistance—after a little time we secured Beacon and Hall—as we were taking them to the station in Wellington-street, I perceived Beacon unbuttoning the flap of his trowsers, and directly after a parcel fell out—I saw it picked up by a sergeant who was following us—about ten o'clock the prosecutrix came to the station to give information of the robbery—the prisoners were brought out, and she identified the property which I now produce, likewise the coat, which was on Beacon's back—I found a pair of gloves, and a black lead pencil in the pocket of it—I went to the prosecutor's house next morning, and tried the skeleton-keys—I found one key locked and unlocked the street door—Murphy made his escape that evening—he ran across the road when I let him go, to follow Beacon.

Cross-examined by MR. WILKINS . Q. Was the street in which you saw them much frequented? A. Yes—they were all in conversation together—I heard them all three talking together—they were talking a sort of gibberish, I supposed they suspected us.

Cross-examined by MR. HUDDLESTON . Q. Did you not search the pockets of Murphy's Taglioni? A. Very slightly—there was nothing in them.

COURT . Q. What do you mean by gibberish? A. To imitate some foreign language—it was not English—I did not understand it.

GEORGE KEMP ( police-constable N 82.) I was with Ball on Thursday night, and saw the three prisoners together, coming out of Thomas-street, Hackney-road—they were all talking together some sort of French, I should say—it was gabbering, I could not understand what it was—I found a screw driver on Hall, and a tortoiseshell box with initials on it—the screw-driver corresponds with the marks on the drawer in the prosecutor's house which was broken open, and likewise with the box which I produce, which was broken open—it shows more so in the drawer than it does there—I found a quantity of lucifer matches on Hall—Murphy made his escape that night—he ran away—I saw him the next night in custody—I am positive he is the same man I saw with the other two prisoners the night before—he wore a brown Taglioni coat, with a velvet collar—as Beacon was going to the station he unbuttoned his trowsers, and dropped a parcel from it, which was picked up by Sergeant Milhouse—I took Hall into custody, and took him into a hatter's shop—he there knocked my head through a square of glass, kicked me violently on the head, knocked me down in the street, and kicked me about my body, tore two coats nearly from my body, and my hat was totally destroyed.

Cross-examined by MR. HUDDLESTON . Q. Who took Murphy into cus tody first? A. Ball—he merely went up and smoothed him down the front of his clothes—I knew what he did that for—he stood there while he did that—we then followed Beacon and Hall, and Murphy ran away up the other side of the road.

SAMUEL MILHOUSE ( police-sergeant N 4.) I saw Beacon being led to the station by the constables—I did not see him do any thing with his trowsers; but I saw him drop a bundle—I was about a yard behind him—I saw that the bundle came from him—I picked it up directly—it was this silk dress, wrapped up in this towel.

JAMES TIDMARSH ( police-constable M 51.) I took Murphy into custody about seven o'clock on the evening of the 27th—I found nothing on him—I know that he and the other two prisoners are acquainted—I have known them these three years—I took him at the Falcon, in the Borough, which is two and a half or three miles from the prosecutor's.

LOUISA DODD re-examined. I know this to be my dress—this tortoiseshell box is mine, and this coat I know to be my husband's—I saw it the morning of the robbery—I know this pencil, these gloves, and this ring—this other ring I know nothing of—I saw this little box the day before locked up in the work-box with the rest of the little trinkets.

HENRY HART ( police-constable M 80.) On the evening of the robbery I was on duty in High-street, Southwark, and saw Murphy alone coming from the direction of London-bridge about half-past eight o'clock—I suppose it is three or four miles from the prosecutor's house—he was coming from that direction to where he resides in the Borough—he was then dressed in a brown Taglioni coat, with a black hat, as he generally appear in—I was in company with Tidmarsh the following day, when he took him into custody—he was then changed in dress, and was among a number of others in a public-house—I have known him perfectly well for a year or two.

W. E. BALL re-examined. The prisoners were just turning out of Thomas-street into the Hackney-road, coming in a direction from the prose cutor's house, and going towards town—you would have to pass through Thomas-street to get to the Borough.

BEACON — GUILTY . Aged 19.

HALL — GUILTY . Aged 24.

Transported for Ten Years .

MURPHY — NOT GUILTY .

First Jury, before Mr. Recorder.

635. JOHN MARTIN was indicted for stealing, on the 19th of Jan ., at St. Marylebone , 5 gowns, value 35 l .; 1 table-cloth, 4 s .; and 1 basket, 10 s .; the goods of Frederica Jules Fincke :—I gown, value 10 s ., the goods of Elizabeth Hindry :—I bed-gown, value 2 s .; 1 cap, 1 s .; the goods of Mary Bowler : 1 hair-brush, value 1 s .; 1 night-gown, 2 s .; 1 pair of stock ings, 1 s .; and 1 pair of boots, 3 s .; the goods of Elizabeth Bilton , in the dwelling-house of William, Lord Feversham .

LAURE CLESTINE FINCKE . I am single, and am a dressmaker, living in Somerset-street, with my sister. On the 19th of Jan., I had to take some dresses to the house of Lord Feversham, in Cavendish-square—they were made for Lady Feversham—as our boy was out, I looked out for some one to help me carry them—I saw the prisoner—he told me his father had lived for thirty years in one shop, and he could have two years character himself—on that representation, I employed him to carry the things for me—he came to our house—I gave him a basket containing a satin dress, a velvet dress, and a silk dress, and went with him to Lord Feversham's—we got there about half

past six o'clock—I law the lady's maid, who told me to leave the goods and to come back again, as I could not then see Lady Feversham—the prisoner was there at the time—I left the basket and dresses in the hall, and came away—I told the prisoner to be at my house in about an hour—he promised to come, but did not—I left him at Lord Feversham's door—I went again to Lord Feversham's about an hour after, and there learnt that the things were all gone—they were worth £35—I have not got any of them back again.

Cross-examined by MR. PRENDERGAST . Q. Was it your property? A. No—my sister's, Frederica Jules Fincke—I am not a partner with her—we live together, and carry on the business together, but it is her property and her business—I am quite sure of the prisoner—I did not give a boy named M'Donald in charge—I gave no directions to have another boy taken.

TOSKEE PAGE . I am page to Lord Feversham, who lives in Cavendish-square. On the 19th of Jan., I saw Miss Fincke and the prisoner in the hall at Lord Feversham's—I saw the basket in the hall—about half-an-hour after Miss Fincke had left, I saw the prisoner in the hall—he said he could not stop any longer, he had got some dresses in the basket to take to Harley-street—he said he would go there, and call again in half-an-hour—he took up the basket and went off with it—he did not come back—Miss Fincke came after wards, and the things were gone—in the interval between her leaving the basket and the prisoner going away, the servants came home from the coun try—I bad placed a bundle belonging to the cook in the hall, where the pri soner stood—after he was gone I missed that bundle—I had seen the pri soner in the hall at the time Miss Fincke was there.

Cross-examined. Q. You would not venture to swear that he is the boy that came afterwards for the bundle? A. Yes—when he first came I was in and out the hall several times—I saw him there as I was taking up the Inggage.

ELISABETH HINDRY . I am cook in the service of Lord Feversham. I came to town with the other servants on Thursday the 19th of Jan.—I gave Page a bundle from the hackney-coach, which was placed on the carriage imperial—I saw a dressmaker's basket in the hall—my bundle contained a silk dress of my own, a night-gown, and night-cap, of Mary Bowler's the housemaid, and a night-gown, a pair of stockings, a brush, a comb, and pair of boots, of Elizabeth Bilton, the under laundry-maid—I had many parcels, but only lost that one.

Cross-examined. Q. What is Lord Feversbam's name? A. William—I never heard that he had any other Christian name—the family name is Duncombe.

ISAAC SPREADBORO ( police-constable D 61.) On the 19th of Jan., at half-past twelve o'clock at night I found the prisoner in James-street, Oxford-street—I had received information of the robbery—I said, "Mr. Martin, where have you been to?"—he said, "I have been to the play"—I said, "Well, I want you"—he said, "What do you want me for?"—I said, "About the basket you carried for the lady"—he said, "I carried no basket"—I said, "You must go with me to the station, while I go and fetch the lady"—as we were going up Oxford-street, he put his hand into his pocket, and threw some silver into the road—two half-crowns were picked up by a young man—I told the prisoner I thought it looked Yery guilty of him—he said he did not throw it away.

Cross-examined. Q. Did not you receive directions from Miss Fincke to apprehend another party? A. No—she gave me a description of the boy, and I told her I thought I knew him—I did not apprehend a boy named M'Donald—I went in search of a boy of that name, but not till after I appre hended

the prisoner—I was told there were two more lurking about the square while the prisoner was in the house—I found M'Donald, but did not take him into custody—he satisfied me he was not the party that was seen in the square—he is a much taller and stouter boy than the prisoner, and not at all like him—I found him at his father's house, in James-street, about 300 yards from where the prisoner lives—I cannot say how much silver the pri soner threw away—only two half-crowns were picked up—he did not say I should not have his money—I did not know that he was going to throw any thing away.

COURT . Q. What parish is Lord Feversham's house in? A. Mary le-bone.

GUILTY . * Aged 15.— Transported for Ten Years .

636. JAMES BARNARD and WILLIAM KENNETT were indicted for stealing, on the 13th of Jan ., 1 peck of a certain mixture, consisting of oats, beans, grains, and chaff, value 1 s ., the goods of Richard Pratt , their master.

MR. HUDDLESTON conducted the Prosecution.

WILLIAM GOODALL . I am in the employ of Mr. Richard Pratt, a car-man, contractor, and pavior, in Gray's-inn-lane. He has a place where his horse provender is kept—the prisoners were in his employ—it was their duty to take the teams where they are ordered—on the 13th of January I told them to go to Fetter-lane, to work for Mr. Rook, of Bethnal-green—they were to cart gravel from Fetter-lane to Bethnal-green—they started a few minutes before nine o'clock—I saw them be fore they started—Barnard had two horses to his team, and Kennett had two to his—each had to mind his own team—before they left the premises they went to the place where the provender is—I saw Kennett nil their note-bags with provender, and Barnard had two—they took the nose-bags out of the stable into the yard—they were allowed to take out what they did for the use of the horses—that would be a proper quantity for the four horses during the day—they then started, and in going out of the yard there were some grains in a truck, which had been brought in the night before—there was no objection to their taking the grains if they gave it to the horses—they had no business out of the road between Fetter-lane and Bethnal-green—their right road Was down Holborn, and through Smithfield—they had no business in Gray's-inn-road.

Cross-examined by MR. PAYNE . Q. Had they been carting something from Fetter-lane to the Fever-hospital the day before? A. I know they had a mixture from Fetter-lane, but where they took it to I do not know—there was some gravel, clay, and loam found—Barnard drove a grey gelding and a chestnut, and Kennett two brown horses.

Cross-examined by MR. DOANE . Q. You do not know who gave them the orders the day before, where they were to cart the rubbish? A. I gave them orders on Thursday, this was Friday.

MR. HUDDLESTON . Q. Did you give them orders on Thursday, before they left the yard? A. Yes, to go to Fetter-lane, and cart rubbish for Mr. Rook—that I swear—I cannot say how often before they had carted rubbish from Fetter-lane, not many days—I did not ask or tell them to take it to Bethnal-green—they were to go where they chose the second time when they were at Fetter-lane, but on Friday they were sent to cart gravel from Fetter-lane to Bethnal-green—on Thursday they were to go with rubbish any where Mr. Rook sent them.

WILLIAM WEAVIR . I am a coal and lime-merchant, and live in King's-road,

Camden-town. On the 13th of Jan. I saw two carts belonging to Mr. Pratt in Gray's-inn-lane, opposite Fifteen-foot-lane, between ten and eleven o'clock—they were before me, going in the same direction as I was—the two prisoners were with them—I passed them—when I was at Britannia-street, which is some distance from Fifteen-foot-lane, I was about taking a cab —on turning round I saw the two prisoners in conversation together—after a short time I saw Barnard go round the cart, and take two nose-bags—they appeared full—he went down Fifteen-foot-lane, along Paradise-street, and into Britannia-street where I was at that time—I saw Mr. Griffiths coming along Britannia-street—I saw Barnard go into a shop in Britannia-street—I pointed that shop out to Mr. Griffiths—when he went in he had two nose-bags, and when he came out he appeared to have but one, and that was empty—he crossed Bri tannia-street, and went further along at the back of Chad's-row, and into Pindar-passage—I did not see him come out of Pindar-passage—Kennett was with the carts while Barnard went with the nose-bags—he drove the carts along the Gray's-inn-road till he came to Pindar-passage—the two front horses were brown, and one of the others was grey.

Cross-examined by Mr. PAYNE . Q. Which cart was it that something appeared to be taken out of? A. I think the hind cart, which had the grey horse in it.

JOHN GRIFFITHS . I was in Britannia-street on the 13th of Jan. last, about twenty minutes to eleven o'clock—Weaver pointed out a house to me—I saw no person go into that house, but I saw Barnard come out with the nose-bag on his back—it appeared empty, but the mouth of it was stuffed with straw—the house he came out of was 62, or 63, Britannia-street, which is one door beyond Paradise-street—he crossed Britannia-street, and went up George-street—I followed him—he ran away from me up Pindar-passage, which leads into Gray's-inn-road—I followed him, and he joined the team in the road, at the top of Pindar-passage, opposite Cromer-street—Kennett was with the team—I cannot say whether he spoke to Kennett when he joined him—I after wards went with Archer to the house out of which I had seen Barnard come, and behind some coke sacks we found some corn, chaff, and grains—it was given to Archer, who took it away with him.

JOHN ARCHER ( police-constable G 8.) In consequence of information I received, I went to a house in Britannia-street, on the 13th of Jan., with Grif fiths—behind some coke sacks I found about a peck of chaff, corn, and grains—I have a sample of it here—it has been in my custody ever since—on our way to the station I asked Barnard if he had been in Britannia-street that morning—he said he had—I asked if he had been into a coke-shed there—he said he had—I asked what his business was there—he said in going down Gray's-inn-road with the team he had picked up a quantity of coke, that he had put them on the top of the nose-bags, and had taken them to this house—I asked who he had seen there—he said he had not seen any one—the man that keeps the house keeps horses.

WILLIAM GOODALL re-examined. I believe this mixture to be a sample of the same mixture that came from the binn—there is some sainfoin among it, it is of a particular sort—I should say there are some grains among it—it is split beans, white oats, clover, and sainfoin, which is a grass something simi lar to clover—my master usually mixes split beans, clover, sainfoin, and sometimes rye grass for his horses—there are some grains here—I cannot say that they are the same sort of grains that were outside my master's premises—it is the same that comes from the brewers.

Cross-examined by MR. PAYNE . Q. Will you swear there are brewers' graius there? A. Yes, they are decomposed—I believe it is the same mix ture

that was in the binn—I could not swear it—I see the mixture made by the man that cuts the chaff—I look after the hones, and the provision likewise.

RICHARD PRATT . I have my sainfoin from out of the country, as I want it—I saw this mixture before the Magistrate, on the 14th of Jan.—it was fresh then, and in bloom—I could recognise it then—I have no donbt it is the same tort as mine, which is composed of split beans, oats, clover, chaff, and sain foin—this is the same, with grains—it is such grains as I had on the truck at my premises on the 13th of January.

BARNARD — GUILTY . Aged 23.— Recommended to mercy. KENNETT — NOT GUILTY .

637. JAMES BARNARD and WILLIAM KENNETT were again in dicted for stealing, on the 13th of Jan ., 60 bushels of gravel, value 11 s ., the goods of Thomas Rook .

THOMAS ROOK . I am a contractor, and five in Gibraltar-walk. I hired Mr. Pratt's carts to carry some gravel for me from Fetter-lane to Bethnal-green—it was to be supplied from the sewer making in Fetter-lane—I contracted with Mr. Munday—he is not here—it was my property—the first two loads were not delivered to me—they were worth 13 s . or 14 s .—I met the prisoners with the second load, and they were delivered—I afterwards found two loads of gravel at the Fever Hospital, of the same quality and appearance as the rest I was supplied with from the sewer.

Cross-examined by MR. PAYNE . Q. Was it not a mixture of stuff? A. Not that day—there had been some the previous days—my orders were to bring all the gravel to my yard—there was some mixed stuff to go to Beth nal-green on previous days, but not that day—I found none of the mixed staff at the Fever-hospital—I found six loads of gravel—I asked the doctor of the hospital, Mr. Goodfellow, I think, what he had given for it—he said 6 d . a-load, and a pot of beer—the carts began to load about half-past nine in the morning—the first load would get to Bethnal-green about eleven—four loads of good gravel went away to the same place the day before—I was in Fetter-lane myself that same night.

HENRY BATES . I live at the Crooked Billet, Kingsland-road—my brother is porter at the Fever-hospital, Battle-bridge. On the 12th of Jan. I was in attendance there for him, as he was out, when the prisoners came with two of Mr. Pratt's carts containing a kind of gravelly stuff—I got some beer from the kitchen, and received 1 s . from Mr. Goodfellow to pay the car men—I gave it to Barnard—they both drank of the beer—Barnard said the gravel was better than what was brought the day before—Kennett was stand ing close by, near enough to hear—they shot the gravel down on the path—they had brought four loads of gravel or mixture the day before—it was brought there as rubbish—I cannot say whether it was gravel—I saw it after. it was shot out, and it appeared to me the same as had been shot before, but I am no judge of it—gravel, clay, and mud had been shot before.

WILLIAM GOODALL . I am foreman to Mr. Pratt. The prisoners were in his employ. On the 13th of Jan. I told them they were to take the gravel to Bethnal-green—they had no authority from me to go to the Fever-hos pital.

Cross-examined. Q. On the Thursday, had they not been carting a mix ture which they were to shoot where they liked? A. I believe those were their orders—I am sure I told them on the 13th to take this to Bethnal-green—I did not see them afterwards, till they were in custody—when the stuff is not good, we are glad to get rid of it—they take it where there is a shoot—when the teams are on hire, we do not interfere with them.

RICHARD STRUDWICK . I live in Unanimous-row, Mile-end New-town, and am foreman to Mr. Rook. The prisoners came to the sewer in Fetter-lane, and I assisted to load their carts with gravel—on Friday morning, the 13th of January, I told them to take it to Pollard's-row, Bethnal-green—they had no business to go any where else with it—the Fever-hospital is not in the way to Bethnal-green from Fetter-lane—the day before they were at liberty to shoot the rubbish where they liked, but that was very different stuff from what they took on the 13th—that was real gravel—we have sold some at 6 s . a two-horse load.

Cross-examined by MR. PAYNE . Q. Did you see the carts go off from Fetter-lane? A. Yes.

JOHN ARCHER . I am a policeman. I apprehended the prisoners on the other charge.

Cross-examined by MR. PAYNE . Q. When Kennett was taken before the Magistrate, was he allowed to go, on his own undertaking to come again? A. Yes—on the other charge, he came again—he was not allowed to go after this charge was made—they said nothing to this charge—they were in the dock, before the Magistrate, at the time it was made.

MR. ROOK re-examined. This was my property. Mr. Munday builds the sewer, and I contract to bring away all the stuff—about two o'clock on the 13th, finding no gravel had come to my yard, I suspected something was wrong, went to the Fever-hospital, and saw the gravel—it was not rubbish, but good gravel—they never worked for me before—they owned to taking it to the Fever-hospital.

(The prisoners received good characters.)

BARNARD — GUILTY . Aged 23.

KENNETT GUILTY . Aged 42.

Confined Three Months .

638. WILLIAM JONES and JOHN BARNARD were indicted for steal ing, on the 12th of Jan ., 11lbs. weight of beef, value 5 s . 6 d ., the goods of William Shepherd ; and that Jones had been before convicted of felony.

WILLIAM SHEPHERD . I live in King's-road, Chelsea. On the 11th of Jan. I was in my shop adjoining my parlour—I heard a cry of, "Stop thief," west out, and saw the prisoners running at a distance in a direction from my shop—I did not see either of them carrying anything in a green bag—they were too far off—they were brought back to my shop—a piece of beef was produced to me weighing eleven pounds, worth 5 s . 6 d .—I knew it—I had lost it from my shop-board.

GEORGE WASTELL . I am a cheesemonger. On the 12th of Jan. I saw Barnard running in the King's-road, about 200 yards from Shepherd's shop—he had a green bag—there were several persons running—there was a cry of "Stop thief"—Jones was close behind him—they were both running—when I spoke to Jones, Barnard was running, and crying, "Stop him, stop him"—I stopped Barnard—he threw the bag towards Jones, and said, "Here, Bill , take it"—he said it was not him, it was some one who had passed on—I picked the bag up—Jones continued running—I took Barnard back to the prosecutor's—he resisted very much—it was as much as two per sons could do to hold him—I found the beef in the bag.

THOMAS ROWLAND ( police-constable B 135.) I received the prisoners in charge.

GEORGE DANIELS . I live in Mary's-buildings, King's-road, Chelsea. On the morning of the 12th of Jan., between ten and eleven o'clock, I saw both the prisoners standing near the prosecutor's house—Jones turned round one side of the shop where some beef was piled up—he took one piece, turned

round, and pat it in the green bag which Barnard held in hit hand—ha then gare a twist, and put it on his shoulder—I said, "Is that the way you do it, boys?"—they took to their heels—I alarmed the prosecutor, and cried, "Stop thief"—I was loaded at the time, and could not pursue, them—there was not a soul besides myself within one hundred yards.

WILLIAM BUTLER ( police-constable B 3.) I produce a certificate of the prisoner Jones's former conviction, which I got from Mr. Clark's office—( read )—I was present at the trial—he is the person described in the certificate, by the name of Dell—I have had him in custody before.

JONES *— GUILTY . Aged 17.— Transported for Seven Years .

BARNARD — GUILTY . Aged 17.— Confined Six Months .

639. MARY RILEY was indicted for stealing, on the 18th of Jan ., printed books, value 7 s .; 1 shawl, 9 d .; 2 handkerchiefs, 18 d .; 1 yard of calico, 6 d .; 1 brush, 1 s .; 1 pair of bracelets, 1 s .; 1 watch-guard, 9 d .; 6 seals, 1 s .; 2 watch-keys, 3 d .; 1 ornament, 1 s .; 1 measure, 6 d .; and I buckle, 6 d .; the goods of Charles Thompson and another, her masters.

CHAELES THOMPSON . I am a general salesman, in Upper St. Martin's-lane. I have a brother a partner, named David Thompson—he is married—the pri-soner was in our service about ten months—I mused some coats—she was spoken to about them, but she was not suspected of theft at all then—on Wednesday, the 18th of Jan., my sister happened to let down the prisoner's bedstead, and found a pair of trowsers—she called her into the parlour and said to me,"Charles, do you know anything about these trowsers?"—I said, "No, I do not"—I said, "Mary, this looks very black indeed; you kiow well we have lost coats, and two other coats on another occasion, we cannot find out where they are gone to"—she said, "O master Charles, I have dose nothing wrong at all"—I went and told my brother, who came over immediately, and charged her with having some knowledge of the coats, and she seid she had not, neither had she taken anything at all belonging to us, we were quite wel come to search her boxes—ray brother said, "You have no occasion to be quite so fast, we shall certainly do that; perhape you will have no ebjection to let Mrs. Thompson look at your box"—the prisoner took her keys, and went and opened a box—I saw this guard—I said, "Where did you get this?"—she said, "It is mine"—she afterwards admitted taking it—it belongs to other guards in the shop—we called in a policeman, aid found a prayer book, a printed book, three handkerchiefs, a piece of calico, a watch guard, six seals, two keys, a head ornament, and a buckle—the value of the whole of this is about 16 s ., or 1 l .—I know these articles—here is my mark in the prayer book and Bible—here is written, "Steal not this book, far fear of shame, for here you see the owner's name. A present to Mary Riley from her father"—this book has my private mark in one corner, and was in my possession while the prisoner was our servant, and this ether book I can prove was lost last May—she has written in this, "A gift Mary Ann Riley by her mother, Aug. 31st, 1832," and it was not published till 1839—this book and brush have my marks on them—we cannot find the coats—the buckle, and head ornament I can swear to having seen in the stock—they had no mark on them—they are our property—she had no right to them—she acknowledged to taking these, bat not any wearing apparel whatever—here is a handkerchief edged with lace—it belongs to us—I know it by the edging—she denied that it was ours—it has been washed, and the mark is very illegible to any person not acquainted with it, but I can swear to it as being my mark.

FRANCIS SYER ( police-constable F 98.) I was called in—I saw the boxes lying open on the bed—the prisoner was standing near them—she turned out

some of the things until Mr. Thompson saw this watch guard—he laid hold of that—some bracelets were found in the bottom of the box—she acknow ledged they were Mr. Thompson's property—we got them all out on the table—she said, "As for the coats and trowsers, Master Charles, I know nothing about them, but I acknowledge to these things here"—pointing to these articles.

(The prisoner received a good character.)

GUILTY . Aged 17.— Recommended to mercy. — Confined Three Months .

OLD COURT .— Monday, February 6 th , 1843.

Third Jury, before Mr. Recorder.

640. THOMAS SEAR and WILLIAM POLLEY were indicted for stealing, on the 28th of Jan ., 1 cart, value 15 l ., the goods of George Rey nolds .

GEORGE REYNOLDS . I live in Gray's-inn-road. I have known Polley between three and four years—I do not know Sear—on Saturday, the 28th of Jan., about twenty minutes past eight o'clock, I went out, and left my cart opposite my door, standing against one of my vans—I missed it about a quarter to ten—I saw it at the station, between twelve and one—it is worth 15 l .—Polley was brought to my house next day—I had no conversation with him about the cart—he said nothing about it—I said he was the man who stole the cart—I do not recollect his saying any thing—I do not recollect stating before the Magistrate that he denied knowing anything about the cart—I have a very short memory.

Cross-examined by MR. WILKINS . Q. What is Polley? A. A painter—he has known me well—I am in the habit of placing my cart in front of my house—I do not know what Sear's business is—I understand the pony be longs to him.

WILLIAM HONEY ( police-constable S 158.) On the night of the 28th of Jan., from a quarter to half-past nine o'clock, I saw Reynolds' cart in Judd place East, New-road, about three quarters of a mile from his house—it was without any horse then—I went towards Reynolds's—on my return to the spot where I had seen the cart I saw the two prisoners in the act of putting a horse into it—I spoke to them both—I said, "What are you going to do with this cart?"—Sear answered, "I am going to take it away"—I said, "Not if I know it"—I then said, "Whose cart is it?"—Sear replied directly, "It is mine"—Polley did not make any reply—I said, "What is the name on the cart?"—neither of them answered—Polley went round to the near-side of the cart, called Sear, and told him he wished to speak to him—he said, "You go with the policeman, I will make it all right, for I will go and see the man I borrowed it of"—when Polley was gone I told Sear I had inform ation the cart was stolen, and he must go with me to the station—he replied, he hoped Polley would return, if not he should get himself into a mess—I gave Sear in charge of another constable, while I took the horse and cart to the station—when I got there, Sear said he had been employed by Polley to use the cart to move some goods—he did not say where.

Cross-examined. Q. I believe you have since ascertained that the horse was Sear's? A. From his wife—I might have asked whose horse and cart it was, I do not recollect.

HENRY LEWIS ( police-constable G 158.) I apprehended Polley—I took him to the prosecutor, and asked him if he was the man—he said he was—I spoke to Polley about the cart—he said he knew nothing at all about it—the prosecutor said, "How came you to take my cart?"—Polley said he knew

nothing at all about it—it is a light market spring-cart, such as a man might very easily draw without a horse, from the place where it was lost to where it was found

MR. WILKINS called

WILLIAM BEAN . I live on my property, at Willesden. I have known Sear ten years, and always considered him an honest, upright man—I know this horse was his, I purchased it for him—he gets his living by his horse and cart, and removes goods—he has worked for me occasionally with his horse and cart—one of his carts was broken, and I suppose that is why he did not use his own cart on this occasion.

POLLEY *— GUILTY . Aged 40.— Transported for Seven Years .

SEAR — NOT GUILTY .

OLD COURT .— Tuesday, February 7 th , 1843.

Second Jury, before Edward Bullock, Esq.

641. JOSEPH BINGHAM was indicted for stealing, on the 1st of Feb ., 3lbs. weight of pork, value 1 s ., the goods of Joseph Woodfield Dyer .

JAMES OLIVER . I am shopman to Joseph Woodfield Dyer, a cheese monger, in High-street, Shoreditch. On the evening of the 1st of Feb., I was in my master's shop—the policeman brought the prisoner in—he showed me a piece of pork, which I know to be master's—I had seen it in the window ten minutes previously.

WILLIAM TILLIER . I am a policeman. About half-past nine, or a quar ter to ten o'clock, somebody pointed out the prisoner to me, walking away very fast from the prosecutor's shop, about three hundred yards from it—I stopped him, and asked what he had got—he said, "Nothing"—I rubbed him down the coat, and found a piece of pork under it—I took it from him, took him back to the shop, and showed it to Oliver.

Prisoner's Defence. I was walking past the place, and two men passed me rather quick, they turned the corner of the road, and dropped the pork on the step of a door at the corner of Bedford-row; I took it up and walked with it in my hand at a regular pace; the policeman overtook me, and found it on me; I went back readily with him, and he said it was stolen.

GUILTY . Aged 58.— Confined Fourteen Days .

642. WILLIAM RAFFE was indicted for stealing, on the 15th of Dec ., 1690 feet of wood, value 54 l .; 1440 feet of veneer, 40 l .; 3 chair-frames, 3 l . 14 s .; 1 stock, 5 s .; and 1 screw-driver, 2 s .; the goods of John Bartholo mew , his master; to which he pleaded

GUILTY .— Recommended to mercy. — Confined Nine Months .

(The prisoner received a good character.)

643. JOHN SADD, alias Bailey , was indicted for feloniously and know ingly receiving of a certain evil-disposed person, on the 9th of Jan., 60 yards of fringe, value 5 l . 4 s .; 2 coats, 1 l . 18 s .; 1 pair of trowsers, 1 l . 15 s .; 5 shirts, 1 l . 12 s .; 3 waistcoats, 30 s .; 3 table-cloths, 15 s .; 2 towels, 1 s .; 100 wooden bobbins, 5 s .; 6lbs. weight of silk, 10 l .; 80 gross of buttons, 11 l .; 1 looking-glass and frame, 5 s .; 10 yards of cord, 1 s . 6 d .; and 1lb. weight of cotton, 1 s . 6 d .; the goods of Magnus Leon Wolfson .

MAGNUS LEON WOLFSON . I am a fringe-manufacturer, and live in Booth-street, Spitalfields. On Sunday, the 8th of Jan., at twelve o'clock in the day, I left my house—I fastened the door, and sent the key to a friend—I left nobody in the house—I returned between ten and eleven on Monday

morning—I found my back-room in the greatest disorder, and the back-win dow broken open—I missed the articles mentioned in the indictment—these pieces of fringe are mine, and are part of the property I missed—I can swear to them—I saw them in the ware-room at the back of the house on Saturday afternoon or evening, I cannot say what time exactly—I saw the coat on Sun day, as I took it off—that is not here—I have not seen it since—this is part of the silk cord I missed.

Cross-examined by MR. PAYNE . Q. How do you know any of these things? A. This piece of cotton I particularly know—it may be worth 1 d .—when it is used it is not generally done as this is—I made a particular knot in the end, for it to be used again—anybody in the trade might make such a knot—this piece of fringe was made to order; I really think there is not another piece like it in the trade—I speak to the make of it—it was ordered by a particular customer—it came too late, and was thrown back on my hands—I know my manufacture—some of my workmen made it—other work men could make the same thing, if I gave the order, but they must have a pattern to make it by—I should have sold it from half-a-crown to 3 s . a yard—there is about four yards—I cannot exactly tell the value of the property lost, not a two-hundredth part of it is produced—this piece of cord is mine—I have lost such—other persons in the trade may have such cord—there is no mark on it—here is another piece of fringe—there is no mark on it, but I can bring plenty of samples to swear to it by—they are not here—I can swear to it.

DANIEL SUGG . I am a policeman. When the prisoner was taken into custody I searched him, and found on him 4 s . in silver, 8 d . in copper, two small keys, and a knife—in consequence of information of a robbery, I went next morn ing with Teakle, to No. 23, John-street, Bethnal-green—one of the keys opened the room-door—I searched a box in the attic, it was fastened with a small lock—I opened it with one of the keys taken from the prisoner—this silk fringe, silk cord, and cotton, Teakle took out in my presence—the other key opened a flap, which led up to the top room, a sort of trap-door, fastened by a padlock—Teakle opened it in my presence—it was in that room the box was—the padlock key opened the trap, and the other the box.

GEORGE TEAKLE . I am a police-sergeant In consequence of informa tion, I went on Friday, the 20th, with Sugg to the house—Sugg gave me a key, which I saw taken from the prisoner, it opened the trap-door—I opened the trap-door, and went into the room—Sugg opened a box in my presence—I found this fringe, cord, and cotton, with a number of articles—there was a pair of driving-reins behind some boards, with a number of other articles-I went to that house, in consequence of some private information—I know the prisoner lived there, and have seen him go in at the door—I produced the things before the prisoner at Lambeth-street—he owned the greater portion of the property I produced there, and said it was his property, except, pointing to a bundle containing these silk, cord, cotton, and other things—he said, "If that was in my room, it has been left there since I left it."

Cross-examined. Q. You took a quantity of crockery-ware away? A. Yes, it was that he owned.

NOT GUILTY .

644. JOHN SADD , alias Bailey , was again indicted , for feloniously and knowingly receiving, of a certain evil-disposed person, on the 5th of Jan ., 1 pair of reins, value 2 s ., the goods of Daniel Reeves .

DANIEL REEVES . I live at Bethnal-green. I had a horse and cart in St. John-street, about the 23rd or 24th of Jan., (I do not know the day of the

month—I dare say it was five or six weeks ago) I had a pair of reins on my horse—I left the horse and cart about a quarter of an hour—when I came back the reins were gone—these now produced are them.

Cross-examined by MR. PAYNE . Q. You will not swear to them posi tively? A. I do not wish to swear to them, but I am satisfied they are mine—I may be mistaken—I have driven with them for about six months.

COURT . Q. Is there any thing you know them by? A. By this chafing on the hames, and by the buckles—I suppose others may be chafed in the same way.

NOT GUILTY .

645. JOHN GRAHAM was indicted for stealing, on the 2nd of Feb ., saddle, value 10 s .; 1 back-band, 6 s . 1 pair of tugs, 4 s .; and 2 loin leathers, 4 s .; the goods of John Wilson and another, his masters.

THOMAS TYLER . I am a policeman. I was in Penton-street, on the night of the 2nd of February, and saw the prisoner carrying this harness under his arm—I stopped him, and asked him where he was going to take them—he said he was going to take them to a waterman named Bartlett, in Penton-street, that Mr. Wilson had sold them to him for 6 s .—I took him into custody—as he went along, he said he hoped Mr. Wilson would not be sent for—he said, sooner than there should be any bother made about it, and Mr. Wilson should know any thing about it, he would throw the harness away.

Cross-examined by MR. WILKINS . Q. How long were you in the pri soner's company altogether? A. I should say, about a quarter of an hour—I asked him several questions—he said, "You know me?"—I said, "Yes, you are foreman to Mr. Wilson"—he said, "Yes, it is all right"—I did not put more questions to him respecting the harness, after he said he was going to take the things to Bartlett—I said, "You have been some time with Mr. Wilson," and so on.

Q. Was not his expression, sooner than Mr. Wilson, or any of his re spectable acquaintances should see him in custody, he would throw them away, and ten times their value? A. Not exactly—it was something to that effect.

JOHN WILSON . I am in partnership with Elizabeth Wilson, and keep livery-stables at Holloway—this harness is our property—the prisoner has been in our service from eight to ten years—he had no authority to take the harness—I never sold them to Bartlett, or any body.

Cross-examined. Q. Do you know Bartlett? A. Yes—we keep about 230 horses, and forty or fifty sets of harness, not all of the same kind as this—we have a good deal more of different sorts—we wear out a good deal—I have sold cast-off harness to Bartlett—I do not recollect doing so more than twice—I believe he has bought more at our establishment, but not of me—the prisoner has been a very good servant, we never had a better—I know this harness by the furniture—I had two sets at once—there is nothing very peculiar about it, but it is just the same as I ordered them—I have had it more than twelve months—this loin-pannier we have had about four years—I never authorised the prisoner to sell my harness—I think my sister generally sold the harness, when I did not, to Bartlett.

JOSEPH LOUGH . I am harness-maker to Mr. Wilson. I can speak to this harness—I did not make it, but it has often passed through my hands in the course of repairs, which enables me to speak to it—I know it belongs to Messrs. Wilson.

Cross-examined. Q. How many times have you repaired it? A. I can not say positively, I should say three or four—I know it by the shape of it.

(The prisoner received a good character.)

GUILTY . Aged 32.— Recommended to mercy. — Confined Three Months .

646. PETER MITCHELL was indicted for stealing, on the 1st of Feb ., 1 ham, value 8 s ., the goods of Anthony Hudson .

JOHN RASBERRY . I live in Payne-street, Islington. On the 1st of Feb., between seven and eight o'clock in the evening, I was in Golden-terrace, and saw the prisoner and another lad on Brunswick-parade, close to Mr. Hudson's window—I saw the prisoner's pal take the ham from the door-post, and de liver it to the prisoner, who had it in his lap—he rolled it up in his apron, and walked away with it about three doors—I ran across the road, caught him, and took him back—the other boy ran away—as soon as the prisoner saw me close to him, he dropped the ham, and ran away—I took him back to the shop, and he was taken to the station—he said, "Pray, pray, let me go, father and mother is ill"—he said he did not know the other boy, that he had chucked the ham, and hit him on his sore heel with it.

ANTHONY HUDSON . My father, Anthony Hudson, keeps a cheesemonger's shop in Brunswick-parade—I was at home on the night in question—Rasberry brought the prisoner into the shop—he produced a ham, which was my father's property.

EDWARD BREST . I am a policeman. I produce the ham. Prisoner's Defence. The boy chucked it at me as I was standing at the window, after carrying a box for a gentleman; it hit me on my sore heel; I turned round; the man ran over, and took me.

GUILTY . Aged 14.— Judgement Respited.

647. RICHARD SMITH was indicted for stealing, on the 23rd of Jan ., 1 coat, value 15 s ., the goods of Henry Gerard .

HENRY GERARD . I am a tailor, and live in Hungerford-street, Hungerford-market. On Monday, the 27th of Jan., about seven o'clock in the evening, I was in my shop—I heard a noise, went to the shop door directly, and missed a coat off the rail inside the door—I had seen it safe about an hour before—the prisoner had no business in my shop whatever—I saw it again the same night in the hands of Fisher—I delivered it to the constable.

ELIZABETH HEATH . I am the wife of Henry Heath, of the 1st regiment of Grenadier Guards—he was stationed at the Wellington at the time in question. On the 3rd of Jan. I was coming down Charles-court, where I was at work, with a pail of water in my hand—I saw the prisoner throw some thing up the passage—he ran up the court towards the Strand—I went to the spot, and found it was a great-coat—I took it to Mr. Fisher's house—about a quarter or half-an-hour afterwards the prisoner came to the house with another person, and asked for the great-coat—Mr. Fisher said, "What great-coat?"—the young men, I cannot say which, said, "The great-coat which the woman picked up and brought in"—Fisher would not give it up.

THOMAS FISHER . I keep a coffee-shop in Charles-court. On Monday, a little after seven o'clock, when I came in, I found the coat in my house—I afterwards heard a knock at the private door—I went to the door—the pri soner came to the door, and asked for a coat the woman had picked up in the court—I said I should not deliver it up—he said, "What, do you think I stole it?"—I said, "I cannot say"—he said, "I will fetch a Bow-street officer to you"—I said, "If you don't fetch one, I will to you"—I followed him up the court, met two constables, and when he saw me speak to them he ran away

—I saw him in custody of an officer about a week after—I am sure he is the same person—I delivered the coat to the prosecutor.

JOHN MANHOOD . I am a policeman. I took the prisoner into custody on the night of the 2nd of Feb.—the prosecutor afterwards gave me this coat.

HENRY GERARD re-examined. This is the coat I missed.

GUILTY . Aged 20.— Confined Four Months .

(There was another indictment against the prisoner.)

648. ANN HILL was indicted for stealing, on the 1st of Feb ., 2lbs. 13oz. weight of bacon, value 1 s . 10 d ., the goods of James Hawkins .

JAMES HAWKINS . I am a cheesemonger, and live in Devonshire-street, Lisson-grove. On the 1st of Feb., about a quarter after eleven o'clock, I went into my next door neighbour's shop—I returned into my own shop, and saw the prisoner standing at the back of the shop, with the bacon id her hand behind her—she saw me, and put it back to where she took it from—I had placed it on a stand at the back of the shop ten minutes before—I went out side, and stood opposite the shop, without taking any notice—in a few minutes she came out—I went in, and the piece of bacon I had seen her put back on the stand was gone—I went after her, and found her about two hundred yards off—I tapped her on the shoulder, and told her to come back with me—she said, "What for?"—I said she had some bacon in her lap which did not belong to her—she said she had not, but as I brought her back, she said she had, and was very sorry for what she had done, she did it through distress—I took it out of her apron.

JAMES ELMER . I am a policeman. I took her into custody, and found her with the bacon.

Prisoner. I did it through distress.

GUILTY . Aged 39.— Recommended to mercy — Confined Ten Days .

649. JAMES COLLIER was indicted for stealing, on the 27th of Jan ., 1 table-cover, value 4 s .; and 1 table-cloth, 4 s ., the goods of William Hollidge .

MARY CROSSKINS . I am servant to William Hollidge, of Stepney. On Friday morning I got up, put the parlour things in order, and got master's breakfast ready—I went into the kitchen, and left the table covered with a white table-cloth and a blue one—the parlour window is rather better than two feet from the ground—I heard the spoons, and cups and saucers rattle—I went into the parlour, and found the window up, and the table-cloth taken off—I immediately looked out of the window, and saw the prisoner running along the pathway (the window was shut when I left the pariour) the pri soner was tucking the cloths under his arm as he ran—I could see the corner of the blue and red cloth as he tried to put it under his arm—I had seen him near the house about ten minutes before, when I took in the milk—I saw him pass the window several times the week before that, and am sure he is the man—I went to the station, and gave a description of him—the same day, about twelve o'clock, I was speaking to the beer-man, and saw the prisoner coming along within twenty yards of the parlour window—he jumped off the path, and ran along the road, when he saw me—the cloths were my master's property—he was about forty or fifty yards from me when I saw him going away—I only saw his back, but he looked behind him as he was going along, and I saw his face—I have no doubt of him.

EVAN PILGRIM . I am a policeman. I apprehended the prisoner on Friday, in Alfred-street, about half-past six o'clock in the evening, with four or five more boys—I asked him about the cloths and the cover.—he said he knew nothing of them.

GUILTY . * Aged 20.— Confined Four Months .

650. JOHN CROFT and THOMAS MAY were indicted for stealing, on the 2nd of Feb ., 1 pot of bear's-grease, value 2 s . 6 d .; and 1 pot of cold cream, 1 s .; the goods of Frederick Patrick Maine .

WILLIAM JAMES . I am a policeman. About a quarter after seven o'clock, on the evening of the 2nd of Feb., I was in Han way-street, Oxford-street, and saw the two prisoners in company together—Croft had this pot of bear's grease in his hand—he was in the act of tearing the paper off it—I asked what he had there—he said—(pointing to May)—"That boy gave it to me"—May was close to him—he made no answer, and I took them into cus tody—on the way to the station, May took something from his trowser's pocket, and threw it down the area—I took them to the station, and returned and took this other pot out of the area.

HARRIET SMITH . I am shopwoman to Frederick Patrick Maine, a hair dresser, in Hanway-street. This pot of bear's-grease and cold-cream are Mr. Maine's—I saw them safe on the shop counter at seven o'clock on Tues day evening, the 2nd of Feb.—I missed them at seven—I know them by the pots—one is Mr. Atkinson's—the other master makes himself—we sell a good many of them.

May's Defence. As I was coming down Oxford-street two boys ran up to me, and said, "Here boy, is some stuff for you"—I weut up the street to see what it was.

CROFT *— GUILTY . Aged 18.

MAY *— GUILTY . Aged 11.

Confined Four Months .

651. SAMUEL SYDNEY SMITH was indicted for wilful and corrupt perjury.

NOT GUILTY .

NEW COURT , Monday, January 30 th , 1843.

Fifth Jury, before Edward Bullock, Esq.

652. GEORGE SHEPHERD was indicted for stealing, on the 4th of Dec , 10 sovereigns, 9 half-sovereigns, and 48 half-crowns, the monies of Edward Sherman , his master; to which he pleaded

GUILTY . Aged 36.— Confined Twelve Months .

NEW COURT .— Tuesday, January 31 st , 1843.

Sixth Jury, before Mr. Common Sergeant.

653. JOHN READING was indicted for feloniously forging and uttering, on the 2nd of Jan ., an acquittance and receipt for the sum of 10 s . 6 d .;— also, for stealing, on the 2nd of Jan ., 2 sovereigns, 5 shillings, and 1 halfpenny;— also, on the 2nd of Jan ., 10 shillings, and 1 sixpence, the monies of Thomas Ellis Everett ; to all of which he pleaded

GUILTY . Transported for Seven Years .

654. MATTHEW SPURDELL and FRANCIS WATERS were in dicted for stealing, on the 5th of Jan ., 3 brushes, value 2 s . 9 d ., the goods of John Patterson ; to which

SPURDELL pleaded GUILTY . Aged 12.

WATERS pleaded GUILTY .

Aged 13.

Confined Seven Days and Whipped.

655. CHARLES BRISTOW was indicted for stealing, on the 5th of Jan ., 1 pair of boots, value 4 s ., the goods of Hampden Stephen Pridie ; to which he pleaded

GUILTY . Aged 16.— Confined Three Months .

656. JOHN CLARK and SARAH JONES were indicted for stealing, on the 31st of Dec , 8oz. weight of currants, value 3 d .; 8oz. weight of raisins, 2 d . 3oz. weight of candied-peel, 6 d . 4oz. weight of sugar, 1 d .; 13oz. weight of mince-meat, 1 s .; 1 basin, 6 d ., 31 bs. weight of bread, 2 d .; 1 towel, 6 d .; 2 pieces of floor-cloth, 1 d .; and 2 pieces of carpet, 6 d .; the goods of John Holt , the master of Sarah Jones.

JOHN HOLT . I live in Brunswick-terrace, Commercial-road—Jones was my cook. I have lost a towel, and some pieces of carpet—we had some oil-cloth, a basin, some raisins, candied-peel, and mince-meat—I can only speak to the towel—this is it.

Cross-examined by MR. PRICE . Q. You did not miss the towel till you found it? A. No—I believe the other things to be mine.

EDWARD WANDERER TOWNSON ( police-constable K 143.) On the morning of the 31st of Dec, at half-past six o'clock, I was on duty in the Commercial-road, and saw Clark go to the prosecutor's house—he staid there about an hour—about half-past seven Jones came to the door, and opened it—I was then standing against the palings—she saw me, and closed the door upon the jar—in a very short time she opened it again—I rushed in—she tried to force it against me—I found Clark standing behind the door—I asked what he was doing—he said he had come to see his friend—(alluding to Jones)—I asked how she came to allow any one into the house at that time—she said, "For God's sake let him go!"—I desired my brother officer to assist me—I searched Clark, and took from him a basket containing this basin, and mince meat—the towel was found at Jones's house—in conveying Clark to the sta tion, he said "She stole them, but I received them, and the receiver is as bad as the thief."

Cross-examined. Q. Did you mention that at the station? A. I did, without being asked.

JAMES HARRIS ( police-constable K 248.) I found a paper of currants, some plums, and some soap in Clark's pocket.

NOT GUILTY .

657. ANN KELLY was indicted for stealing, on the 5th of June , 52 yards of ribbon, value 7 s .; 1 cap-spring, 2 d .; 5 yards of piping, 2 d .; 4 artificial-flowers, 1 s .; and 5 yards of lace, 6 d .; the goods of Hugh Swan , her master.

HUGH SWAN . I am a milliner, and live in Hanway-street. The prisoner was in my service for about four months—all these things are mine—some have my private mark on them—my wife found them, she called me, and I saw them in the prisoner's box.

Cross-examined by MR. BALLANTINE . Q. Is your wife here? A. No—there has been a dispute between her and the prisoner about some clothes that were lost—she has been pressing my wife to make her a remuneration for them—some other clothes have been bought to the amount of 1 l .—there never was any proof that the goods she said were lost were in my house.

HENRY FOWLER ( police-constable E 111.) I took the prisoner. She said she took the ribbons, except the first two pieces, that were taken out of her box.

Cross-examined. Q. Upon your oath, did not she say, in presence of the prosecutor's wife, that she had found the other pieces about, and had been permitted to take them? A. I never heard anything of the kind—she

said she found these two under the bed—there were some things taken out of the box before I went there.

NOT GUILTY .

658. JAMES KNIGHT was indicted for stealing, on the 28th of Dec ., 2 wheels, value 1 l . 10 s ., the goods of Charles Cooper ; and that he had been before convicted of felony: to which he pleaded

GUILTY . Aged 40.— Transported for Seven Years .

(There was another indictment against the prisoner.)

659. GEORGE TAYLOR was indicted for stealing, on the 17th of Jan ., 1 bottle, value 1 s .; and 77lbs. weight of quicksilver, 10 l .; the goods of Samuel Jackson and another, his master.

JOHN KNILL . I am in partnership with Samuel Jackson. The prisoner was occasionally employed by me—he was at work on the 17th of Jan.—I had about 77lbs. of quicksilver, in a bottle—this is a similar bottle—we did not miss it till we found it—I can swear it is ours.

JESSE PLUMPTON . I am a labourer, and live in John's-hill, Ratcliff-high way, and am watchman at Botolph's wharf. About half-past five o'clock in the evening of the 17th of Jan., I was at Botolph-wharf, which joint Mr. Knill's—I saw the prisoner coming up with something on his shoulder—I asked what it was—he said, "Nothing"—I said "I must see"—it was put down—I found it was a bottle similar to those used for quicksilver—I asked who it belonged to—he said, "To a gentleman"—I gave him and the bottle to the officer.

JOHN RANGECROFT . I am an officer. I received the prisoner and this property.

GUILTY . Aged 27.— Confined Nine Months .

660. CHARLES BISHOP was indicted for stealing, on the 19th of Jan ., 18 baskets, value 1 l . 19 s ., the goods of Richard Gobell ; and GEORGE BAILEY , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.

RICHARD GOBELL . I am a fish-salesman, living in Billingsgate-market. On Thursday morning, the 19th of Jan., I missed eighteen baskets—these are them—I saw them safe about eleven o'clock the day before—they are worth 2 l .

BENJAMIN BROOKMAN . I live in Great Pearl-street, Spitalfields. I have known Bailey twelve months—I bought these baskets of him, last Friday week, for 9 s .

DAVID KING ( City police-constable, No. 548.) I received information that these baskets were gone—I went to Brookman's house, and saw the eighteen baskets—I took them to the station.

Cross-examined by MR. BALLANTINE . Q. You know Bailey? A. I saw him when he came to the station—that was after I had been to his house—I did not mention what I had gone to his house for—I did not leave any mes sage—I went out to look for him, and found he had surrendered himself—I believe he went with the other officer to point out Bishop as the person from whom he got the baskets.

ROBERT WALLIS ( police-constable H 83.) I received information from the prisoner Bailey's wife—she took me to George-yard, Whitechapel—I found Bishop there—she said, "That is the person that sold the baskets to me"—he said, "What do you want with me?"—I said, "You must go with me to the station"—as we were going he said, "I know nothing at all about it; what are you going to take me for?"—then he said, "I will tell you the truth, I

admit I did take the baskets through distress, and sold them to Bailey"—then Bailey came and gave himself up, and said he bought them.

Bishop's Defence. I said, "I will tell you the truth, I told Bailey when he bought them that I got them out of a cart behind the Blue Anchor."

BISHOP — GUILTY . Aged 21.— Confined Four Months .

BAILEY — NOT GUILTY .

661. GEORGE SMITH was indicted for stealing, on the 12th of Jan ., 1 coat, value 12 s ., the goods of John Pelham Buckland .

JOHN PELHAM BUCKLAND . I am a surgeon, and live in Watling-street. I missed my coat off my carriage-box on the 12th of Jan.—the officer brought it after me—this is it—I can swear to it.

CHARLES SLEE . I am an errand-boy, and live in Steven-street, Totten-ham-court-road. About half-past one o'clock in the afternoon of the 12th of Jan., I was going along Watling-street, and saw the prisoner take the coat from the carriage-box—I ran and said, "Stop that man"—the policeman took him.

JOSEPH JAKES . I was at the corner of Watling-street, and saw the pri soner with the coat on his arm—he passed by—Slee came and said, "That man has stolen a coat"—I followed him—he was stopped, and he threw the coat down—this is it.

JOSEPH KNIGHT ( City police-Constable, No. 437.) I received the prisoner from Jakes, and this coat was given him by the boy.

(The prisoner received a good character.)

GUILTY . Aged 22.— Confined Three Months .

662. THOMAS GRUBB was indicted for stealing, on the 22nd of Dec ., 4 hams, value 1 l . 10 s ., the goods of John Smart .

JOHN SMART . I am a grocer, and live at Hendon. On the 22nd of Dec. I had some hams in my shop at half-past six o'clock in the evening—they were gone at twenty minutes past seven—I accompanied the officer to a bed-room, and foand one, which was mine, and these other two are mine.

FREDERICK WILLIAMS ( police-sergeant S 26.) I went to Mr. Woodman's premises to apprehend the prisoners—he lived servant there—I have seen him there some months—I went into a room in which was a box—I found one ham under a palliasse on the frame of the bedstead—it had been found by the maid-servant when she went to make the bed—the prisoner said he knew nothing about it.

Cross-examined by MR. BALLANTINE . Q. I believe Mr. Woodman pointed out the room to you? A. Yes—I knew the prisoner slept there—I had turned him out of the room on the Friday night previous, when I was search ing for one Saunders, whom I knew associated with the prisoner—no one told me the prisoner slept there—his master told me there was a ham there—I went and found it on the 12th of Jan.

WILLIAM PRITCHARD ( police-constable S 235.) I went with Williams to this room on the 12th of Jan.—I saw a box, and found two hams in it, se creted under some clothing which I had seen the prisoner wear.

Cross-examined. Q. Have you got the clothing here? A. No—it was a fustian jacket and waistcoat which I had seen him wear on a Sunday—it was not an uncommon dress—I had seen the prisoner sleeping there—there was another person charged with the robbery.

NOT GUILTY .

663. FREDERICK BLUNDELL was indicted for stealing, on the 12th of Jan ., 12 brushes, value 15 s ., the goods of Samuel Taylor and another, his masters.

MR. WILDE conducted the Prosecution.

HENRY DEANE . I am errand-boy to Messrs. Taylor in Gracechurch-street. On the 12th of Jan. I saw a cinder-sifter in the shop, I took it up, and said it was rather heavy—my mistress said it had no business to be heavy—I opened it, and found a dozen plasterers' brushes in it—I afterwards saw the prisoner going out of the door with the sifter—the brushes had not been removed from the sifter.

Cross-examined by MR. PAYNE . Q. How came you to open it? A. My mistress told me.

JOSEPH TAYLOR . I am apprentice to my father, Samuel Taylor and another. In consequence of something, on the 12th of Jan., I went to Brix ton—I waited there and saw the prisoner and another man—I followed him home—after we had shut up shop he went to a public house—I called him out, and he was taken to the station—after he got to the station he said he had taken a dozen brushes to a pawnbroker's, but he did not recollect the name, it was at the bottom of Kent-street—these are the brushes.

Cross-examined by MR. PAYNE . Q. Who asked him about the brushes? A. The inspector—my brother charged him with stealing a dozen brushes—he appeared very much agitated—he had been in our service about six years.

WILLIAM DABBS . I am assistant to James Oram, a pawnbroker in York-place, Kent-street-road. On the evening of the 12th of Jan. I received some brushes from the prisoner for 4 s .—I believe this is one of them.

The prisoner received a good character.

GUILTY . Aged 21.— Confined Six Months .

664. HENRY NOBLE was indicted for uttering a forged request for the delivery of a dozen of port wine, with intent to defraud Edward Moseley .

EDWARD MOSELEY . I am a wine merchant, and live in Gloucester-street, Queen-square. On the 19th of Jan. the prisoner came to my counting-house with this letter—( read —"Uxbridge-house, to Mr. Moseley, wine merchant, Gloucester-street, Theobald's-road, Jan. 19, 1843—Miss Mercer sends her compliments to Mr. Moseley; he would oblige Miss Mercer if he would send her by the carrier to-day, one dozen of the best port wine; Miss Mercer will call on Monday next—Please to send it good, and send the bill to Miss Mercer, Uxbridge-house, Uxbridge-hill, Middlesex—to Johns, carrier, Rose Inn.")—I had no dealings with a person of the name of Mercer, but in con sequence of this order I sent the wine as directed, believing it to be sent by the person—I questioned the prisoner if he came from Miss Mercer—he said he did, and I sent it, after referring to the Directory, and finding there was a person of that name there.

MARY ANN MERCER . This letter is not my handwriting—I know nothing about it—I did not authorize any one to write it.

JOHN BLOOMFIELD . I belong to the Rose Inn, Farringdon-street—the prisoner came to me for a hamper directed for Miss Mercer, Uxbridge—I gave him in custody—he wrote an order for the delivery of it, but I could not deliver it for that.

Prisoner's Defence. I was employed by a gentleman to take the letter to Mr. Moseley, aud tell him to get the wine, and send it to the Rose Inn.

GUILTY . Aged 20.— Transported for Seven Years .

665. JOHN HARPER was indicted for breaking and entering the dwell ing-house of John Almon Boulcott , on the 7th of Jan ., at Paddington , and stealing therein, 14 spoons, value 6 l . 10 s ., his property.

SARAH BOREMAN . I am servant to John Almon Boulcott, of Sussex-place, in the parish of Paddington—it is his dwelling-house—between nine and ten in the morning of the 7th of Jan. I left the kitchen—the front kitchen

window was shut and fastened with a hasp—I went up to my mistress and came down again in two or three minutes—I had shut the back door on going up stairs—I heard the hasp of the window go on coming down, and the window thrown up—knowing I had left no one there, I went and saw the prisoner in the act of going out of window with his hand full of spoons—I immediately went to the back door and called "Stop thief," till a man stopped him—I saw the man take the spoons up—he brought them to me—I asked him to bring them to my master's house, which he did—they were my master's—I think the prisoner must have entered by the door.

CHARLES ARSEN . I heard Boreman call "Stop thief"—I began to run—the prisoner was running—he dropped these spoons out of hit right hand—I took them back to Boreman—she told me to take them to her master.

THOMAS ARTHUR . I live in Pickering-place, Bayswater. I saw the pri soner running, and no other but him—I heard a cry of "Stop thief"—he passed by about twenty men—I took no notice, but seeing him run slowly by I looked at him, and saw him drop the spoons—I told Arsen to look after the spoons, and I would give chase to the boy, which I did, and caught him after he had run across two fields.

Prisoner's Defence. There was another boy running; he dropped the spoons, and I ran after him.

GUILTY . Aged 15.— Confined One Year .

666. GEORGE ALLEN was indicted for stealing, on the 20th of Jan ., 1 handkerchief, value 1 s . 6 d .; the goods of William Henry Moore .

WILLIAM HENRY MOORE . I was in Skinner-street, Snow-hill, on the 20th of Jan.; I was told something, and missed my pocket handkerchief—this is it—it is mine.

ANDREW TREBBLE ( City police-constable, No. 222.) I was on duty, and saw the prisoner following the prosecutor up Skinner-street, I watched him—when he got to the middle of the street, he took the coat tail in his left hand, and took the handkerchief with his right hand—he drew it across his nose—I took him, and took it from him.

Prisoner's Defence. One of three young men threw it down, and I took it up; the officer said, "What did you pick up?" I said, "A handkerchief;" he said, "Where did you get it?" I said, "Just picked it up, and two per sons had ran across the road."

GUILTY . Aged 18.— Confined Three Months .

667. JOHN BUCKLEY was indicted for stealing, on the 7th of Dec ., 4 spoons, value 4 l .; 1 watch, 1 l . 16 s .; 1 watch key, 4 s .; and 1 bottle lable, 2 s .; the goods of Charles Hastings Doyle, Esq. ; to which he pleaded

GUILTY . Aged 50.— Transported for Seven Years .

668. MARY BUCKLEY was indicted for stealing, on the 26th of Dec ., 4 paintings and frames, the goods of Charles Hastings Doyle, Esq. ; to which she pleaded

GUILTY . Aged 47.— Transported for Seven Years .

NEW COURT .— Wednesday, February 1st , 1843.

Fifth Jury, before Mr. Common Sergeant.

669. SARAH SCHOFEILD was indicted for stealing, on the 3rd of Jan ., 1 pair of shoes, value 2 s . 6 d .; the goods of William Stevens : and that she had been before convicted of felony; to which she pleaded

GUILTY . Aged 28.— Transported for Seven Years .

670. CHARLES TUTT HARRIS , Jun . was indicted for stealing, on the 30th of Dec ., 2 half-crowns, 1 shilling, and 1 sixpence; also, on the 7th of Jan ., 1 half-crown, the monies of Charles Tutt Harris , and that he had been before convicted of felony; to all which he pleaded

GUILTY . Aged 15.— Confined One Month and Whipped.

671. ISAAC JACOBS was indicted for stealing, on the 23rd of Jan ., 60 1/2 yards of cloth, called grand drill, value 2 l . 10 s .; the goods of Thomas John Graham and others.

WILLIAM HOOTON . I am porter to Thomas John Graham, and two others, Manchester warehousemen, in Goldsmith-street, Cheapside. On the 23rd of Jan., I was delivering some goods at Mr. Reeves's, in Skinner-street, I had eight parcels to deliver—I took part of them into the shop—while I was coming out, I saw the prisoner run to my truck, and take a piece of goods called grand drill—I ran after him, and he threw it away—I took it up—he was taken directly without getting out of my sight.

Cross-examined by MR. PAYNE . Q. How long have you been a porter? A. Nearly twelve months—this is a kind of drill-cloth—I stopped the pri soner about twenty yards from the cart.

WILLIAM EDGAR . I saw the prisoner running down Farringdon-street with this cloth on his shoulder—I took it into Mr. Reeves's.

GUILTY . Aged 26.— Confined Four Months .

672. JOHN TOMLINSON was indicted for stealing, on the 10th of Jan ., 1 set of harness, value 1 l . 5 s .; the goods of William Oastler .

WILLIAM OASTLER . I live in White-street, Little Moorfields. In the evening, of the 10th of Jan., I locked my stable door about eight—when I came home at a quarter to nine, I found it broken open, and a policeman standing at the door—I went inside with him, and missed a set of harness and a Macintosh—on the Friday following I went to Smithfield, and found part of the property on the prisoner—he gave his wrong address, and sent us about for two hours, and on Monday he gave a wrong address again.

BENJAMIM SEAWARD ( City police-constable, No. 161.) I found this stable door broken open—I afterwards found the prisoner in Smithfield with this part of the harness for sale—he said be bought it of some man, but did not know who it was, and he gave us a wrong address twice.

Prisoner's Defence. I am a general dealer in Smithfield—about a quarter past two that Friday I bought it, and at half-past three the man said it be longed to him.

GUILTY . Aged 21.— Confined Six Months .

673. THOMAS SEXTON was indicted for stealing, on the 9th of Jan ., one clock, value 6 s ., the goods of John Hunt .

JOHN HUNT . I live in Farringdon-square, Somers-town. At three o'clock in the afternoon of the 9th of Jan. I had a clock in front of my shop—I missed it—the policeman came with it—I had not sold it or parted with it—the clock produced is mine.

CHARLES GILLHAM ( police-serjeant S 21.) About half-past five in the evening I met the prisoner in Seymour-street, in company with another person—the prisoner had the clock—I took him with it—I asked him where he got it—he said a gentleman met him in Wilstead-street, and asked him to carry it to Maiden-court, Golden-square, to Mr. Bateman, a builder—I then found the prosecutor.

GUILTY . * Aged 17.— Confined Six Months .

674. WILLIAM JACKSON was indicted for stealing, on the 28th of Jan ., 50lbs. weight of cheese, value 1 l . 10 s ., the goods of Richard Carr .

THOMAS WALTER CONSTABLE . I am shopman to Richard Carr, cheese-monger, Fore-street, Cripplegate. I had a cheese safe on the window at half-past seven on Saturday morning last—I received information, and ran round the corner of Whitecross-street, and saw the prisoner with it on his head—this is it—it is my master's.

ELLEN MALOY . I was going down Fore-street; the prisoner was before me—he came as far as the prosecutor's, and took this cheese from the window-ledge, put it on his head, and ran away with it.

Prisoner's Defence. I was never near the door—I had it given me at the corner to carry to East Smithfield.

GUILTY . Aged 24.— Confined Four Months .

675. GEORGE BROCKLINGTON was indicted for stealing, on the 21st of Jan ., one handkerchief, value 2 s ., the goods of Edward William Bush , from his person.

EDWARD WILLIAM BUSH . I live in Grove-street, Camden-town. About eight o'clock on Saturday night, the 21st of Jan., I was on Holborn-hill—I missed my handkerchief, which was safe in my pocket about five minutes before—the one produced is mine.

JOHN FREEMAN . I am a baker, living in Theobald's-road, Holborn—About eight o'clock on that Saturday night I was going up Holborn-hill—I saw the prosecutor go up the hill—I saw the prisoner put his hand into his pocket and take the handkerchief—I went and said, "Have you lost any thing?"—he felt and said, "Yes, my handkerchief"—we ran after the prisoner—he had run to Fetter-lane—he came back, and was running across Holborn, when he fell down, and I picked up the handkerchief.

Prisoner's Defence. I was going up Holborn and saw a man drop it—I picked it up, and was going across the road after him with it.

GUILTY . Aged 20.— Confined Three Months .

676. JOHN CARTER was indicted for embezzlement.

MR. BODKIN conducted the Prosecution. GEORGE RICH . I am a licensed victualler, living in Margaret-street, Golden-square; the prisoner came to me as bar-man in Dec. On the 5th of Jan. I marked six shillings—I gave them to Mr. Walbank, a neighbour, at ten o'clock at night, and asked him to take them to my house, and buy some thing—I left the bar, for the purpose of giving Mr. Walbank an opportunity of coming—I left the prisoner alone in the bar—I took all the money from the till, and put in six shillings and sixpence, which I had marked—there was no other money in the till—I had an officer watching in the bar—I soon after looked at the till, and took all the money out, and only found three of the shillings which Mr. Walbank had brought—while I was taking the money out, the prisoner left the bar in a hurry, and went into a parlour just at the back of the bar—there was no one in the parlour—the prisoner had no busi ness there—he was in there a minute—I then called in an officer to search him—he found no marked money on him—I went into the parlour ten minutes after, and I first saw two shillings—I said, "These are not them"—the officer said, "I must search further"—he found four more shillings, and amongst them were two which I had marked, and given to Mr. Walbank—the prisoner was then taken to the station—he said he hoped I should not be hard with him, it was the first time he had taken any thing.

EDWARD WALBANK . I am an undertaker, living near the prosecutor—I

received six marked shillings from him on this day—I went to the bar and purchased something—the prisoner served me—I paid him the six shillings—these are two of them—I find the same mark on them.

ABSOLOM ARNOLD ( police-sergeant L 8.) I was called in about ten o'clock, after Mr. Walbank came—I was desired to search the prisoner—I found one half-crown and 9 1/2 d . on him, but no marked money—I went to the parlour—Mr. Rich was there alone—I searched in the ashes of the fire-place, (the fire was alight) I there found two marked shillings, and two not marked—these are the two marked shillings—when at the station, the prisoner said he hoped Mr. Rich would not be hard with him, it was the first time he had taken any thing.

Prisoner's Defence. My business was to wait on the parlour—I went to look after the fire.

GUILTY . Aged 21.— Transported for Seven Years .

677. JAMES GLOSTER was indicted for stealing, on the 30th of Jan ., 48lbs. weight of lead, value 6 s ., the goods of William Walker , being fixed to a building.—2nd COUNT , not stating it to be fixed.

MARGARET SMART . I am the wife of Samuel Smart, of New-street, Cloth-fair.

At a quarter past eleven o'clock, on the 30th of January, I was looking out of window—I saw the prisoner getting on a pair of short steps, and loosening the lead from No. 15—he then got a lamplighter's ladder, and took the lead—I am sure he is the man—he never left the place, and was never out of my sight

SUSAN SOPER . I have the care of Mr. Walker's house, No. 15, Cloth-fair—Smart gave me information—I went into the house, and when I came out, they said, "That man has taken the lead and is gone round the street"—I went after the prisoner, and brought him back with the lead on his shoul der—he is the man.

Prisoner. Q. When you saw me with the lead, I believe it was outside a public-house? A. Yes, the lead was not on the pavement, but on your shoulder—you told me Mr. Walker employed you—I said you were telling a falsehood.

WILLIAM WAKER . I am a wine-merchant, living in Farringdon-street—the house is mine—I did not employ the prisoner to take lead from it—I have examined this lead, and it corresponds with what I had there.

Prisoner's Defence. I am a journeyman plumber. I was going through Long-lane, and was stopped by a person respectably dressed; he said, "Are you a plumber?" I said, "I am;" he said, "Come with me, I will give you a job;" he took me to this house, and said, "I want this lead removed from the frontispiece; I want some lighter put on; go and get a pair of steps." I said, "Where?" he said, "Go down the street and get them." I went, and borrowed a pair at a painter's; they were not long enough to reach, and the man went and borrowed a ladder at a public-house. I took the lead down, brought it away on my shoulder, and put it on the outside of the public-house; he told me it was Mr. Walker's premises. I said I had no tools, and he said, "It is very loose, you won't want tools." I had only a plumber's shave.

MARGARET SMART re-examined. I saw no other man.

SUSAN SOPER re-examined. There was no other—the prisoner took the ladder into the public-house, and came out, and took up this piece of lead—I said, "Who authorized you to take the lead from the roof"—he said, "Mr. Walker"—I said he would have let me known if he was going to send any man to work.

GUILTY . Aged 29.— Confined Six Months .

678. SARAH HARRIS was indicted for stealing, on the 3rd of Jan ., at St. James's, Westminster , 300 yards of lace, value 45 l .; and 5 pairof gloves, 10 s .; the goods of William Edgar and others, in their dwelling-house; and that she had been before convicted of felony.

MR. HUDDLESTON conducted the Prosecution.

ANTHONY BLACKBURN . I am assistant in the shop of Swan and Edgar, of Regent-street. On the 3rd of Jan. the prisoner came in about two o'clock, and asked to look at some black satin—I showed her some—she purchased one yard and a quarter for six shillings—she asked to look at kid gloves, and bought one pair—she then asked to look at some lace—I went to the place where the lace was kept, for one box—I brought the box to the counter—she looked at it, and purchased a yard and a quarter—she asked to look at some other—while I went for the second box I left the other on the counter—I came back—she did not purchase any from that second box—she asked to look at some Valenciennes lace—one box of lace was left on the counter while I went for the Valenciennes lace, and the other was taken away—I had to go about forty yards—I was away a few minutes—when I came back she purchased two yards out of the third box—she paid for what she bought, 31 s . 9 1/2 d .—I offered to send the things home, which she declined—she left the shop—I then took the two boxes, and placed them on the counter before Mr. Little.

Cross-examined by MR. PAYNE . Q. How long was she there altogether? A. Not quite an hour—there were a great many other persons serving besides me—there were other persons behind the same counter that I was at, and other persons being served at the same counter as the prisoner—I supposed it was all right when I took the boxes back—I saw nothing to create my sus picion.

THOMAS LITTLE . I am a shopman in the employ of Swan and Edgar. On the 3rd of Jan. Blackburn brought me two boxes of lace—the pieces in them had been counted, and the number marked on the box-lid—I did not mark them—in consequence of having lost lace we made a point of counting the num ber of pieces of lace, and marked them on the lid—I opened the first box, and counted it—I found eight pieces short, and in the second box three pieces—two pieces in the third box, seven in the fourth, and four in the last box, altogether twenty-four cards from the five boxes—I and Mr. Hope followed the prisoner out of the shop—she went round to the left-hand side of the window, about two yards from the door, and turned round—then Mr. Hope laid hold of her, and brought her into the warehouse—from there I took her into a private-room—I went for a female searcher—I was gone about two minutes—I left the prisoner in the middle of the room, with Hope and the policeman—on my return I found a quantity of lace on the floor—I said to the policeman, "There are twenty-four pieces," which was the number I missed, and there were twenty-four pieces, containing about 300 yards, worth 45 l .

Cross-examined. Q. Did you count them before they were presented to the customer? A. No.

ROBERT HOPE . I am one of the partners in the firm of Mr. William Edgar and Mr. Swan. I and Little took the prisoner into a private-room—I requested Little to go for a female searcher—while he was gone I saw the prisoner drop the lace on the carpet—she had a muff, and rested it on the table, she took her right hand out of her muff, and after some motion of her right hand, I saw the pieces of lace fall—Little came, and said there were twenty-four cards—I gave her into custody—she was searched at the station, and four pairs of gloves were found in her muff, and one pair out of a large pocket which she wore—

these are the gloves—I believe them to be ours—we have no private mark on them—Mr. Edgar lives in the house, which is in the parish of St. James's, Westminster.

WILLIAM JOHN GREGG ( police-constable C 181.) I took the prisoner, and have the lace and gloves.

JAMES SIMMONS ( police-constable C 118.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—she is the person.

GUILTY . Aged 24.— Transported for Fourteen Years .

679. GEORGE SMITH was indicted for stealing, on the 13th of Jan ., 1 cart-seat, value 4 s .; and 4 leather straps, 1 s .; the goods of James Long .

JAMES LONG . I am a fruiterer, living in King-street, Cloth Fair. On the 13th of Jan. the seat of a cart-chaise was taken out of my cart, between eight and nine o'clock, and put into my shop—I lost it—this is it—( looking at it. )

EDWARD HARDING ( City police-constable, No. 274.) Between eight and nine o'clock that evening I met the prisoner with this seat of a chaise-cart, and four leather straps to it.

Prisoner's Defence. I saw it in the gutter, and picked it up, being in distress.

GUILTY . Aged 29.— Confined Three Months .

680. THOMAS PICKERING was indicted for stealing, on the 7th of Jan ., 6 gallons of pegs, value 9 s ., the goods of John Donnithorne Taylor and others.—2nd COUNT , calling it 6 gallons of spiles.

WILLIAM STANFORD . I am watchman to John Donnithotne Taylor and others. On the 7th of Jan., I saw the prisoner come out of the yard with a bag—I stopped him with it—it contained some gallons of spiles—they are Mr. Taylor's—he said he was going to take them to where he worked—he was quite a stranger.

GEORGE MUNROE . I am foreman to Mr. Taylor. I did not authorize the prisoner to take them.

JAMES BEARD . I did not authorize him to take any—I have no reason to suppose he was authorized by any body.

Prisoner's Defence. I asked the man at the gate for some; he told me to go up the yard, and I could have a few; I was in great distress.

GUILTY . Aged 35.— Confined Three Months .

681. HENRY BALL was indicted for stealing, on the 22nd of Oct ., 1 pair of boots, value 2 s . 6 d ., the goods of Thomas Matthew Peacock and another.

MR. PAYNE conducted the Prosecution.

THOMAS MATTHEW PEACOCK . I carry on business in Tooley-street, Borough, as a shoemaker, in partnership with my brother, who does not attend to the business there. A lad was in our employ, named Holmes, in December—William Woodgate, my foreman, sells boots if I am not in the shop—the boy had been directed to call down Eggleton, or another person, to sell—the boy was not authorized to sell at all—after we have sold boots and shoes, we punch them, and then cut on them when they are sold, and at what price—these boots are my property—they were made by Murphy, whose name is inside—here is the maker's mark across the bottom, and I know they were not sold by not being punched by my punch—they were in my possession in December—I did not sell them—I do not find on them the mark that is made when things are sold—the prisoner's brother rents a shop next door to mine—there is a

slight partition between them—the two back doors come together—it would be easy for a person to take the things without coming into my shop, by put ting his arm round from the back door—I have seen the prisoner come there very often.

WILLIAM WOODGATE . I am the prosecutor's foreman. In December last we had a lad named Holmes in our service—he is left in the shop when I go to my meals—I know these boots to be my master's—they have never been sold by me—I missed them out of the shop in the early part of December—I asked Mr. Peacock if he had sold them—it is our practice to put the mark on them when they are sold—that mark is not on these.

---- EGGLETON . I am in Mr. Peacock's employ—I was so in Decem ber—I occasionally sell in the absence of the foreman—I never sold these boots.

HERBERT MATON . I occasionally sell—I did not sell these boots.

THOMAS WATKINS ( police-sergeant M 18.) I apprehended the prisoner on the 15th of Jan.—I searched his residence—he was there—I found this pair of boots in a box under the bed—I asked whose they were—he said they were his—I found the duplicate of another pair there.

JOHN HOLMES . I am fifteen years old, and am shop-boy to Mr. Pea cock. The prisoner was in the habit of coming to my master's shop—he came in December, in the morning part, while the foreman was away—he sent me out for a quartern of gin—he was then left alone in the shop—he always brought a basket—I did not sell any boots for my master in December.

GUILTY . Aged 40.— Confined Nine Months .

682. ANN QUINLEN was indicted for stealing, on the 5th of Jan ., 1 shilling, the monies of William Skelton , her master.

WILLIAM SKELTON . I keep the Duke of York public-house in Great Marylebone-street. The prisoner was my servant—I marked five shillings and a sixpence, and put them into the till on the night of the 4th of Jan.—I went to bed, and took the key of the bar with me—at five o'clock next morn ing the prisoner knocked at my door—I gave her the key—I went down at past six, and found her in the bar, dusting it—I opened the till, and misted a shilling and a sixpence—the till was never locked—I went for an officer—in going to the station she tried to drop the money, and the officer took it from her—I am sure it is part of what I had marked.

JOHN GRIFFITHS ( police-constable D 146.) I was taking the prisoner along—I heard a sixpence drop—I caught her hand, and found a shilling in it—I took up the sixpence—she had a purse, and in it was found the shilling the prosecutor had lost the morning before.

Prisoner's Defence. It was my own; I got it at Christmas; I once picked up 3 l . 10 s ., and gave it to the prosecutor.

WILLIAM SKELTON . That is true.

GUILTY . Aged 23.— Recommended to mercy by the Jury and Prosecutor — Confined Ten Days .

683. WILLIAM PIERCE was indicted for stealing, on the 14th of Jan ., 3lbs. weight of worsted, value 9 s ., the goods of Thomas Hutton , his master; and that he had been before convicted of felony.

MR. BALLANTINE conducted the Prosecution.

CHARLES HUTTON . I am in the employ of my father, Thomas Hutton, a silk and worsted manufacturer, in Newgate-street. The prisoner was in his employ—I received information; in consequence of which, I directed a po liceman to station himself in the neighbourhood in plain clothes—on Saturday

evening, the 14th of Jan., while I was there, I saw the prisoner leave the premises—his pockets looked rather bulky—I followed him down Newgate-street, into Huggin-lane—he saw us in Carey-lane, and commenced running-Sickle followed, took him, and found on him 3lbs. of crimson worsted, part in each pocket—it was my father's—he had no right to have any about him-when we took him to Guildhall, he said some Welshman had a spite against him, and he had no doubt he had put it into his pocket.

ANDREW BESSELL . I am the prosecutor's warehouseman—I have charge of one of the worsted rooms in the warehouse—the worsted is arranged on different shelves. On Monday morning I found a bundle of worsted was broken, and some gone—I have compared this worsted, and to the best of my belief it corresponds exactly—the prisoner had no right with it—I do not know where he was working that day.

WILLIAM SICKLE ( City police-constable, No. 280.) I was with Hutton, watching the prosecutor's premises—I saw the prisoner come out—his coat pockets were both rather bulky—after I had followed him some time he saw us—he turned, looked round, and directly commenced running—I took him at the corner of Huggin-lane—I found three of these pieces in each pocket—they could not have been in his pocket without his knowing it.

Prisoner's Defence. I did not run; I did not know who was behind me; there is a Welshman there has a great spite against me.

JOHN SOMERFIELD ( City police-constable, No. 533.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—the prisoner is the person.

GUILTY . Aged 18.— Transported for Seven Years .

684. JAMES DAWSON was indicted for stealing, on the 18th of Jan ., 1 cloak, value 30 s .; and 1 hat, 5 s .; the goods of Richard Joseph Quested , from his person.

RICHARD JOSEPH QUESTED . I am ten years old, and live with Richard Quested, my father. On the 18th of Jan. I was returning home from getting some cat's meat—I touched a little boy on the shoulder who had been calling me names, and told him not to do it again, and a man, who was with the pri soner, said, "What did you do that for? I will blindfold you for that"—the prisoner then unhooked my cloak—I called out, and the prisoner ran away with it—the other man put his hands over my eyes—I am sure they were both together—the prisoner was about a yard from me.

Prisoner. He swears a man blinded his eyes, how can can he tell that I took it? Witness. I saw you with the other who blindfolded me—both the other man's hands were over my eyes, and then I saw this man running away with the other—there was no one else near enough to take it.

DANIEL HURLEY . I heard a cry from the little boy, "He has got my cloak!" on the evening of the 18th of Jan.—I ran to the spot, and saw the prisoner running away, followed by the prosecutor—I followed—I looked, and said, "He has not got it"—the boy said, "No, the other man, on the other side, has got it now"—I left the prisoner, and pursued the other—I came up with him and he had not got it—the prisoner was then running down Montague-street—I pursued him—he ran against an apple-stall, and I collared him, and said he should come to the station—he said, "I have not got the cloak"—he made a desperate attack on me, and kicked me—I gave him to a policeman.

Prisoner's Defence. I never saw the boy's cloak, and was not in company with any man.

GUILTY . Aged 29.— Confined Six Months .

Sixth Jury, before Edward Bullock, Esq.

685. HENRY PORTER was indicted for stealing, on the 13th of Jan ., 3 saws, value 11 s .; 1 plane, 2 s . 6 d .; 2 screw-drivers, 18 d .; 1 gauge, 4 s .; 1 gouge, 6 d .; 1 chisel, 6 d .; the goods of John Handby : 1 apron, value 6 d .; the goods of John Jones : 3 planes, value 1 l . 4 s .; 1 saw, 3 s .; 1 oil-stone, 18 d .; 1 square, 3 s . 6 d .; 2 chisels, 1 s .; 1 pair of pincers, 18 d .; the goods of Mark Norman : 1 jacket, value 6 s .; 2 saws, 15 s .; 1 plane, 5 s .; 1 square, 2 s .; 2 screw-drivers, 2 s .; and 1 basket, 1 s .; the goods of William Terrell Gribble : to which he pleaded

GUILTY . Aged 17.— Confined Three Months .

686. EDWARD HILLMAN was indicted for stealing, on the 4th of Jan ., 2 chairs, value 2 s .; the goods of Edmund Grogan .

SARAH WENT . I am servant to Edmund Grogan. I was present when Harriet Walker gave the prisoner two chairs to mend—he brought them back and I paid him 1 s . 8 d .—he came to the house again on Wednesday afternoon, the 4th of Jan., between two and three o'clock—he said he had forgotten to put the beading on the chairs—he had the beading in his hand—he said he would take them as far as the mews under the archway, put the beading on, and bring them back in ten minutes—he never brought them back—these are them—they are my master's.

JOHN LUMLEY . I am a broker. The prisoner brought these two chairs to me on the 4th of Jan., and said, "Master, will you buy these two chairs?"—I said I had no objection—I asked if they were his own—he said they were, there was no fear of anything—I gave him 1 s . 6 d . for the two.

Prisoner. This man did not pay me for them. Witness. I ordered my wife to pay him.

THOMAS STACK ( police-constable D 100.) On Saturday night, the 7th of Jan., I was called to the house in Steven-street—I saw the prisoner there—a woman said the prisoner had sold the chairs belonging to the lady—he said nothing.

Prisoner's Defence. I left the chairs with the broker's wife for 1 s . 6 d .; I had nothing to eat; I left them to get my lodgings, and something to eat.

GUILTY . * Aged 31.— Confined Three Months .

687. MICHAEL M'LAREN was indicted for stealing, on the 26th of Jan ., 31 3/4 yards of woollen-cloth, value 18 l ., the goods of Michael Longstaff . JOHN CROXTON . I am in the employ of Michael Longstaff, woollen draper, St. Paul's-churchyard. On the morning of the 26th of Jan., I was taking the shutters down, at half-past seven o'clock—when bringing in the second shutter I observed something move behind the counter—I put down the shutter, and at the end of the counter met the prisoner with this cloth under his arm—he had moved it from the back of the counter—there is 31 3/4 yards—I attempted to lay hold of him—he dropped it on the floor, and got into the passage—I am sure he is the person—this is my master's cloth—in my attempt to take the prisoner I snatched his cap off his head, and he ran off without it.

JAMES RACE . I am a policeman. I heard of this robbery—I went to the shop and got this cloth and this cap.

Prisoner. Q. When the cap did not fit me; why did you put it on your knee and stretch it? A. I did no such a thing.

EDWIN BURGESS ( City police-constable, No. 529.) I saw the prisoner the following morning, between half-past seven and eight o'clock, in Great Knight Rider-street, with two others—I took him to Mr. Longstaff's, and

the witness swore to him—the prisoner was most violent in his conduct—we were forced to have two cabs to get him to Newgate.

Prisoner's Defence. I was fast asleep when the robbery was committed.

GUILTY . * Aged 28.— Confined Six Months .

688. CHARLES HENRY DOWNES was indicted for stealing, on the 21st of Jan ., 6oz. weight of silk, value 16 s .; and 8 bobbins, 2 d .; the goods of Thomas Hutton , his master.

MR. BALLANTINE conducted the Prosecution.

CHARLES WELBORNE SLEE . I am in the employ of Mr. Thomas Hutton, a fringe and worsted manufacturer, in Newgate-street. The prisoner was in his employ, occupied in the work-shed in Phœnix-court—on Saturday, the 21st of Jan., I did not see him leave the shed—he was brought back to the house by Sickle—I saw eight bobbins taken from his pocket—they are worth 16 s .—he had no right to take articles of this description.

Cross-examined by MR. PAYNE . Q. How do you know they are your mas ter's? A. By the mark—the work-shop opened into Phoenix-court—the shed is about ninety feet long—they spin there—I am not in that department—it is not allowed for the spinners to have bobbins about them to supply the place of empty ones—all the hands were searched as they left the shed—some before the prisoner, and some after.

JAMES HUME . I am assistant to Mr. Hutton. I have seen these bobbins, I believe them to be his—I marked them—this is the mark—they are not all marked, but I have no doubt they are all his—the prisoner had no right to take them from the premises.

Cross-examined. Q. Do you know that there is a practice for spinners to keep a certain number of bobbins about them, to replace those that are empty? A. No, it is never necessary, and never is done—they have a quan tity of bobbins given them for work which they have to do—if one comes off, they put another on—they do not keep them about them—they are always kept in trays—I have never known such an instance—I have been in the trade twenty years—it is possible they may put one into their pocket to mend one.

MR. BALLANTINE . Q. If he leaves the premises with eight bobbins in his pocket, can he be going to mend one bobbin? A. He has no right with any.

WILLIAM SICKLE . I am a City police-constable. I had been watching for four or five days, and took the prisoner on Saturday night, and found these eight bobbins on him—he was leaving the premises—he said he was going to bring them back on Monday morning—I searched one person before him, and seven after him.

(The prisoner received a good character.)

GUILTY . Aged 18.— Recommended to mercy. — Confined Three Months .

689. ELLEN SEXTON was indicted for stealing, on the 14th of Jan ., 1 gown, value 2 s . 6 d ., the goods of Joseph William Clark . WILLIAM SALMON . I am in the service of Joseph William Clark, a pawn broker, in Long-acre. On the 14th of Jan., a little after ten o'clock at night, I saw the prisoner come into the sale-shop, as I was serving a customer—I saw the prisoner take a gown off a pile of gowns on the end of the counter, and try to conceal it under her shawl—she was going out of the shop—I went through the flap of the counter, and she dropped the gown on the floor—this is it—it has our private mark on it—I gave her into custody. RICHARD LANDRY . I am a policeman. I was called to Mr. Clark's shop

—I received charge of the prisoner—the gown was lying on the counter—she said she went to get a declaration about a handkerchief, but never took the gown.

Prisoner's Defence. I met a few friends, they gave me a drop of drink; I missed the duplicate of a handkerchief, and went to get a declaration of it; I never saw the gown.

GUILTY . Aged 33.— Confined Two Months .

690. JOHN FENTON was indicted for stealing, on the 7th of Jan ., 1 waistcoat, value 2 s . 6 d .; and 1 handkerchief, value 6 d .; the goods of Henry Pew ; and that he had been before convicted of felony.

HENRY PEW . I am potman at the Stag in Cumberland-street, Hay market. I had a jacket on the 7th of Jan., with a white handkerchief in the pocket—it hung behind the kitchen-door—I missed it on the 7th, and I had seen it safe on the evening of the 6th—on the 12th I saw the prisoner in Gower-street with the handkerchief round his neck—I spoke to him about the waistcoat—he said he had not seen it—a policeman came tip, and I gave him in charge—this is my handkerchief that was in my waistcoat pocket.

THOMAS LOVELAND . I know the prisoner. On the Saturday afternoon, after these things were lost, I saw the prisoner in Whittlebury-street, Somers-town—he asked if I could sell the duplicate of a waistcoat for him—I had heard that Pew had lost his waistcoat, and he told me if I saw him I was to try and get it from him—I took the ticket to Pew—the prisoner did not give me any other duplicate—he is my uncle.

ROBERT DIXON . I live with Mr. Blackburn, a pawnbroker, in Somers town. This waistcoat was pledged on the 7th of Jan., in the afternoon, by the prisoner—I am sure he is the person —this is the duplicate I gave him.

JOHN SEAGER ( police-constable T 316.) I took the prisoner on suspicion of stealing a waistcoat and handkerchief—he said, "I meant to have brought it back, but could not raise the money to get it out"—this duplicate the prosecutor brought to me.

HENRY PEW re-examined. This is my waistcoat—Loveland gave me the duplicate.

WILLIAM BARNETT . I produce a certificate of the prisoner's former convic tion, which I got from Mr. Clark's office—( read )—the prisoner is the person.

GUILTY . Aged 24.— Confined Six Months .

691. MICHAEL M'CARTHY , CHARLES EDWARD LEWIN , and WILLIAM TYRRELL were indicted for stealing, on the 7th of Jan ., 1 handkerchief, value 3 s . 6 d ., the goods of James Hunter , from his person; and that M'Carthy had been before convicted of felony.

JAMES HUNTER . I am in the service of Mr. Pritchard, an outfitter, in the Strand. On Saturday evening, the 7th of Jan., about six o'clock, I was walking down the Strand—the policeman came to me—in consequence of what he said, I felt my pocket, and missed my handkerchief, which was safe in my pocket within an hour before—this it it—I know it by the pattern, and there is a mark in one corner, put in by the laundress, which is similar to one I have on another.

Cross-examined by MR. PAYNE . Q. Had you seen this mark before you lost the handkerchief? A. Yes.

JAMES LEWIS ASHMAN ( police-constable F 119.) On the evening of the 7th of Jan., between five and six o'clock, I was on duty—I saw the three pri soners and another person with them, walking together in the Strand, to wards Temple-bar—I saw the prosecutor—as he passed, they all four turned and followed him—I saw Tyrrell try his pocket twice, but he did not succeed

—they went on further, and then M'Carthy picked the handkerchief from the prosecutor's pocket—Tyrrell and Lewin were covering him—I followed M'Carthy—they all separated, and then the other two prisoners joined M'Carthy—I got the assistance of two other officers, and took them—I told M'Carthy I took him for picking a gentleman's pocket—he said he knew no thing of it—at the station I found the handkerchief in Lewin's right-hand breast pocket.

Cross-examined. Q. Where did you first see them? A. Nearly opposite the bottom of Southampton-street—I was alone, in private clothes—the handkerchief was taken near Buckingham-street, on the left-hand side from Temple-bar—the gentleman was walking quietly on—the prisoners were walking—Tyrrell was close to his pocket when he tried, and the others were behind him—I was on the other side of the way—they followed the prosecutor from near about the Coal Hole—he was going towards Charing-cross—Buckingham-street is beyond the Coal Hole, nearer to Charing-cross.

M'Carthy. Q. Why did you go and ask the gentleman whether he had lost his handkerchief before you took me? A. I wanted to take the whole four if I could, but they separated, and these three came together again.

ROBERT HIBBS ( police-constable F 35.) I produce a certificate of M'Car thy's former conviction, which I got at Mr. Clark's office—( read )—I was present—he is the person.

M'CARTHY — GUILTY . Aged 20.— Transported for Ten Years .

LEWIN — GUILTY . Aged 22.— Recommended to mercy by the Prosecutor.

Confined Three Months .

TYRRELL *— GUILTY . Aged 19.— Confined Six Months .

692. JOHN HOLLOWAY was indicted for stealing, on the 24th of Jan ., 3 1/2lbs. weight of mutton, value 1 s . 9 d ., the goods of Frank Sawyer ; to which he pleaded

GUILTY .— Confined Seven Days and Whipped.

693. THOMAS RAGAN and ELIJAH TURTON were indicted for stealing, on the 16th of Jan ., 56lbs. weight of lead, value 7 s ., the goods of Benjamin Freeborn Johnson and others, fixed to a building.—2nd COUNT , not stating it to be fixed.

JOHN ADAMS ( police-constable K 124.) I was on duty near the river Lea, on the 16th of Jan.—at a quarter past six o'clock in the evening, I saw Ragan coming along by the river Lea—just before I met him I saw him stoop by a wall, and put something down—I heard it rattle—I went to the spot, felt, and found it was lead—I ran, pursued him into Bow, my brother officer came up, and he was taken—Ragan asked me what I wanted him for—I told him I would tell him when I got him to the station—I went back for the lead; and just before I got to it, I met Turton, with some more lead on his shoulder—I said, "You are just the chap I wanted"—I took the lead from him—I went part of the way to the station with him, then went back and got the lead—after I had taken the lead from Turton down to the station, he ran away from me down a court—I went on the station, and then got the other lead which Ragan had left—there were 56lbs. weight in all—about 40lbs. were found on Turton, and 15lbs. or 16lbs. by the wall—it was quite the same description of lead—I found Turton at the Blue Anchor, Bromley, about a quarter to nine o'clock, I took the lead to the glass factory—the next morning I found some lead missing from the roof of the buildings—I compared it with Johnson, the plumber—he took the end pieces which were left on the roof, and matched

them at the station—I compared them with the lead found on Turton—it matched with some places that had been deprived of lead—the other lead, which I found by the wall, I could not match with that on the roof, because some had been taken away before—it was the same sort of lead, and matched with what Turton had.

SAMUEL BENHAM ( police-constable K 49.) On the evening of the 16th of Jan., I heard the cry of "Stop thief," and saw Ragan running—I stopped him—my brother officer came up, and told him he wanted him for stealing some lead—I was present when Turton was apprehended—at the station I said it was a bad job—he said, "What could a fellow do when he was asked by an old friend to help take the lead?"

BENJAMIN FREEBORN OHNSON . I am one of the proprietors of the Union Flint-glass Company—their works are at Bromley—I live at Bow. I know their premises very well—I am a plumber—I went on the roof, and saw a piece of lead taken off—it was compared with some lead produced by the officer, and made the most correct match I ever saw—I have no doubt that it came from that roof.

Ragan's Defence. I work at the Docks. In coming up at night I saw a parcel: I saw it was lead, put it down, and walked away; the man followed, and took me to the station.

Turton's Defence. I was asked by a party to carry this lead; who he was I do not know.

RAGAN *— GUILTY on the second Count. Aged 28.— Confined Nine Months. TURTON— GUILTY . Aged 30.— Confined Six Months .

694. LUCY ELLAM was indicted for stealing, on the 29th of Dec ., 1 carpet, value 4 l . 10 s ., the goods of Edward John Gairdner .

FRANCIS MERRY . I am in the service of Mr. Crouch, pawnbroker, Grafton-street East. About nine o'clock in the evening, on the 14th of Jan., I saw the prisoner at our shop—she was an occasional customer—she pledged this car pet in the name of Mary Jones—she said it was for another person—this ticket was on the carpet—I kept it.

Cross-examined by MR. PRENDERGAST . Q. She has pledged a great num ber of things at your house? A. Yes, and which she has redeemed, or paid the interest on—I have never had any thing claimed by any one till now—she gave the name of Simpson at other times—I never heard of her going by the name of Jones—she said she pawned this for a person—after she was taken she said she was to have half-a-crown for pledging it.

WILLIAM JOHN BRIGHTMAN . I am in the service of Edward John Gairdner, who keeps a broker's shop in Tottenham-court-road. This is his carpet—I know it by its having a ticket on in my writing, and by its once being a very large carpet, and it was cut to make it saleable—I saw it safe about half-past seven o'clock, on the 29th of Dec., and missed it about twenty minutes to eight that evening.

Cross-examined. Q. How far is your shop from Grafton-street? A. About 200 yards—I never saw the prisoner before—the carpet was on a table in front of the premises, on the area railings.

JOHN HODSON ( police-constable E 132.) The prisoner was given into my custody—she said the carpet was given her to pledge by a man, who gave her half-a-crown.

(The prisoner received a good character.)

GUILTY . Aged 40.—Recommended to mercy by the Jury.— Judgment Respited.

695. GEORGE BASSINGWHITE was indicted for stealing, on the 10th of Jan ., 8 1/2 lbs., weight of beef, value 4 s . 3 d ., the goods of Samuel Kennard .

JOHN SMITH . I am constable of Bow. On the 10th of Jan., I was in High-street, Bow, about a quarter to eight o'clock at night, walking with one of the firemen to the vestry—I heard a noise—I turned, and saw the pri soner behind me—I asked what was the matter with him—he said he had hurt his leg—I asked him to hold his head up, that I might see what it was, and I saw he had something wrapped up in a bag under his arm—I asked what it was—he threw it down, and ran away—I caught him before he got ten yards—the fireman stood by the bag till I came back, and it was given to me—the beef was not in the bag, but folded up, and as I took it, it fell out of it—I picked up both the bag and beef—the prisoner said he knew nothing about it—I asked what made him run away—he said what a d----d fool he should be to stop—he was about four yards from Mr. Kennard's shop.

WILLIAM KENNARD . I am shopman to Samuel Kennard, a butcher, in High-street, Bow. I was called into the shop—I found the officer there, and missed some beef from a board in front of the shop—this is it—it corres ponded at that time with the piece I had cut it from.

JOHN WILLIAM MANNING ( police-constable K 378.) I saw this piece of beef compared with another piece—it corresponded exactly.

Prisoner's Defence. I carried a box for a person, and in coming back I picked up the beef.

GUILTY . Aged 19.— Confined Three Months .

NEW COURT .— Thursday, February 2nd , 1843.

Sixth Jury, before Mr. Recorder.

696. GEORGE HEWLETT was indicted for stealing, on the 16th of Jan ., 4 handkerchiefs, value 2 s . 6 d ., the goods of James William Webster , from his person.

JAMES WILLIAM WEBSTER . I am a commission agent, and live in Fair-street, Stepney. On the evening of the 16th of Jan., I was in Philpott-street, Commercial-road, looking at a man selling hardware—I felt some one behind at my pocket—I turned short round, and saw the prisoner—I missed four handkerchiefs out of my pocket behind, wrapped in part of the "Edin burgh Journal"—I saw the prisoner behind me—he moved away directly—I followed him, and said, "You have got my handkerchiefs"—he said, "I have not"—I said, "You have"—he had his two hands in his pocket in front—he shuffled about, and dropped the handkerchiefs at his feet—I saw him do it, and I picked them up—these are them—when I was giving the prisoner into custody, he said he would enter an action against me for giving him into custody—I am quite sure I saw him drop them.

Cross-examined by MR. PAYNE . Q. Where do you carry on business? A. The last place I was appointed to was Mr. Flynn's, in Thames-street, opposite the Custom-house—I was appointed by him to sell wines and stout—I have no place of business—Mr. Flynn was the last person I had a commis sion from—it was about five months back—I have since been walking about the street, sometimes with my wife, sometimes with my own brother, and differ ent persons—I know a person of the name of Prior—I have walked about with him—I have so much a week allowed me by my mother, who lives as housekeeper at Mr. Arnold's at London-bridge, and has been so fourteen years, and she has a little property as well—I was a conductor to an omnibus

two years ago—I was in that employ eight years—I left it to better myself—Mr. Davis has tried to get me into the London-docks—I lost the hand kerchief on the 16th—I have been obliged to pawn things at different pawn brokers—my mother gave me these four handkerchiefs—I am twenty-seven years old—Prior lives opposite me—he was an engineer, I believe, on board a boat some, time ago—there were a number of persons about at the time—the prisoner and I were there—there were a number standing round us—the prisoner said, "How dare you insult a gentleman?"—he did not go with me to a policeman—I took him by the arm, and passed over to the other side—we saw no constable there till one came out of a street—he did not make any attempt to get away.

GEORGE BANKS ( police-constable K 342.) Between eight and nine o'clock on the 16th of Jan., the prisoner and the prosecutor came up together—the prosecutor had got hold of the prisoner's arm, and gave him into my custody, for stealing four handkerchiefs out of his pocket—the prisoner said directly that he had not stolen them, but they were picked up at his feet—I then took him to the station—the prosecutor gave me these four handkerchiefs—they were wrapped up in a piece of paper, and the paper was muddy.

JAMES WILLIAM WEBSTER re-examined. Q. At the spot where these hand kerchiefs were picked up, were there any persons about besides you and the pri soner? A. They came round after—at the time I picked up these handkerchiefs; at the prisoner's feet there were other persons round, but not near us—I was facing him—the place was thronged with people where we were—the pri soner got further into the crowd when I charged him with stealing the hand kerchiefs.

NOT GUILTY .

697. RICHARD GILL , JOHN HURLEY , and PATRICK POW ELL , were indicted for stealing, on the 11th of Jan ., 3 snaps, value 11 s . 6 d .; and I piercer, 1 s .; the goods of James Edward Watts .

JAMES EDWARD WATTS, JUN . I assist my father, James Edward Watts, a pawnbroker, in Hereford-place, Commercial-road. On the 11th of Jan., about half-past twelve o'clock, I was in the shop—I noticed the two younger prisoners, Hurley and Powell, outside the window—(a day or two before this about four inches had been broken out of the corner of one of the windows, and we had put some paper across to cover the aperture)—I saw one of the younger prisoners, I cannot say which, with his hand in the window, taking three gold snaps out, and a silver piercer—he put his hand through the win dow from outside—I saw the snaps remove—I had them in my view at the time the hand took the snaps, and then the two younger prisoners went away—Gill was standing about a hundred yards from the house—I had not seen him at all before the snaps were taken.

Q. Have you not said before that you saw something taken? and have you not given the names of the prisoners, and assigned to each what he did? A. Only the elder prisoner, Gill—I had not seen Gill at the window that morning, nor on any previous day—the paper was taken off from the outside of the window, and the inside piece of paper was burst.

Q. Have you not before said that you saw one of them (naming him) take something from the window, and that you afterwards discovered that it was the snaps? A. Not to my recollection, my Lord—this is my signature to this deposition—it was read over to me—I do not now know which is the prisoner Powell—I know Gill—he is the elder one—I did not give names to the prisoners before the Magistrate—if anybody has put down that I said I saw Powell take the paper away, and put his hand through the glass, and

take something out, that is not correct—if they state that I said he delivered it to Gill, that is not correct—I did not say he delivered it to him—he went up to him, and came back again—I cannot say which is Hurley—I have not said that Hurley was standing about a hundred yards off—I understood it was Gill—I ran out and took all the three prisoners—I delivered them to the charge of my brother.

Q. Then it is not true that you delivered two to your brother, and ran after the third? A. I delivered two first; I took them when they came back to the window the second time, and then I ran after the taller prisoner Gill—I understand his name is Gill—I was not asked the name only before the Grand Jury—I did not find any thing on either of the prisoners—the property was found in a hole under a gateway, where I found the elder prisoner—he had been standing a hundred yards off, and he ran round a gateway—I do not remember saying I saw something taken—I allowed them to take them out, and they went away to the prisoner Gill, who was standing about a hundred yards from the shop—the two younger prisoners returned again to the win dow, and one of them had got his hand in the window again—I cannot say which it was—I immediately went out and took the two younger prisoners, who were at the window—I took them into the shop, and left them in care of my brother—I immediately ran after Gill, the elder prisoner—when I over-took him he was concealed behind a gateway, three turnings down the Com mercial-road, about a quarter of a mile from the shop—I brought him back to the shop—I then gave the three into custody to the officer—I did not pick up anything behind the gateway—the officer did—this is the property—I did not know either of the prisoners' names—I was not asked their names—they gave their names before the Magistrate, but I did not pay attention to them.

The witness's deposition being read, stated , "I saw the three prisoners, who were outside the window; I saw the prisoners Gill and Powell; I saw Powell cut the paper away with something, and put his band through the glass, and take something out of the window, which he delivered to Gill; I have since ascertained that he took three gold snaps and a silver piercer from the win dow; Hurley was standing about a hundred yards off; Gill and Powell then came back to the window."

GEORGE BANKS ( police-constable K 342.) I went to Mr. Watts, and found Hurley and Powell in the shop—I saw Watts's brother—it was not stated what was lost—they did not know what they had lost—I searched Hurley and Powell, and found nothing on them—Watts then brought Gill in, I found a knife on him—I went to a gateway in Richard-street, where the witness said he found Gill, which is about 300 yards from the shop—I there found these three gold snaps—that was the first intimation I had about them—they said they had lost a silver piercer, but did not mention the snaps.

JOHN NOCK . I live in Richard-street—there is a gateway adjoining my premises—I ordered my daughter to get a light, I searched the gateway, and found this silver piercer in a hole behind the gate, close alongside the gateway—I had seen Gill taken from there.

GILL — GUILTY . Aged 16.— Confined Three Months .

HURLEY GUILTY . Aged 10.

POWELL GUILTY . Aged 13.

Confined One Month .

698. CAROLINE COSGROVE , ANN LEWIS alias Jones , and ANN DOLPHIN , alias Buckley , were indicted for stealing, on the 11th Jan ., 1 bag, value 2 d .; 22 sovereigns, 3 half-sovereigns, and 2 sixpences, the pro perty of Thomas Sawyer , from his person.

MR. DOANE conducted the Prosecution.

THOMAS SAWYER . I am master of the schooner Elswick , lying in-the river—on the 11th of Jan., between eight and nine o'clock at night, I was in the neighbourhood of the Mint, near Rosemary-lane—I was quite sober—I had 23 l . 10 s .—there were four "dragon sovereigns" among them, and 3 half-sovereigns, and two sixpences—they were in a bag in my right tide pocket—I met Cosgrove, and went with her to a room somewhere at the back of Rosemary-lane—I went into a room down stairs, and saw Lewis stirring the fire—I sent her for six pennyworth of gin—she returned with it, and we drank it—I was sitting on a chair—Cosgrove stood against me, and after that sat in a chair—Lewis was standing close to my knees with her hand on my shoulder—Dolphin came into the room, and turned her face towards the window—Lewis then said, "Wait a minute," upon that Cosgrove and Lewis left the room—I rose from my chair, and said to Dolphin, "Where are those two women?"—she said she did not know where they were—I put my hand into my pocket and missed my bag, containing this money—I instantly rushed to the door to look after them, and when I got there I could not see any one—I returned and saw Dolphin in the act of locking the room-door with a padlock—I told her I had been robbed—she said, "Where?"—I said, "In this house"—she tried to persuade me I bad not been robbed, that I was mistaken—I said I was not, I should take care of her—the said, "I was mistaken in the house"—I said, I should take care of her—she said she would wait there if I would go and look, or something of that kind—I found I could do nothing with her—I went to look out for an officer—I found an officer—I told him what had happened, and the amount I had lost—I went with him to Dolphin's house, and found the door pad locked I returned two or three times in the course of the night, and found nobody there.

Cross-examined by MR. PAYNE . Q. You were not always so sure about Dolphin being the person? A. I could not mistake—I saw her face in the passage when she was locking the door—she is like the woman I saw in the room, both in figure and dress—I did not see her face to swear to her—one of the circumstances which induced me to think it was her, is that she bad no stays on—I was quite sober—I had drunk no spirits—I had drunk a share of two or three pints of ale.

Cross-examined by MR. BALLANTINE . Q. What time of the night was it when you met Cosgrove? A. Between seven and eight o'clock—I was with her altogether about a quarter of an hour—I had never seen her before in my life—I met her in King-street, Tower-hill—I bad not much conversation with her, and she took me to Dolphin's house—I was not present at the office when a person named Warren made a statement.

THOMAS LANGHAM ( police-constable H 87.) On this night, Wednesday, the 11th, I was on duty in Rosemary-lane, about nine o'clock—the prosecutor told me what had happened—I was in Rosemary-'ane the next morning, about ten o'clock—I then saw Dolphin with a man—the man said in her presence, "I understand you were looking for Mother Buckley, and here she is now"—I said I was—he said, "I understand you will take her to the station?"—I said I would, as I was talking to the person who had lost the money, a little while since, and he told me if I saw Mother Buckley, or either of the othertwo girls, to detain them—Dolphin commonly went by the name of Mother Buckley—he then said, "Never mind, this man was with her, come to the station; we also know where the parties are who had the money"—I gave a description of some girls to Dolphin, and she said it was not her, she had nothing to do with it, that she was sent out for sixpenny-worth of

gin, and during her absence the robbery was committed, mentioning two person's names, one of which was Jones, the other I cannot recollect.

Cross-examined by MR. PAYNE . Q. Who was with you at the time? A. Only the man who was with Dolphin.

PIERCE DRISCOLL ( police-constable H 24.) I was on duty in this neigh bourhood on this night—I met the prosecutor, who told me of his loss—I knew Mother Buckley, and where she lived—the prosecutor took me to her house, about a quarter or twenty minutes past nine o'clock—I found the door padlocked—I went two or three times, but found nobody there—the next morning I was at the station—I remember Langhan bringing Mother Buckley in custody—she mentioned two names to me, of women who had committed the robbery, and she complained of having walked the street all night for fear of being taken into custody, and told me to go to No. 6, Mason's-court, Great Garden-street—I went in company with another policeman, and found Cosgrove and Lewis there at breakfast—I told them I wanted them for rob bing a captain at Mother Buckley's—Cosgrove said she had not been at Mother Buckley's for a month—I found three half-crowns, two sixpences, and 9 1/2 d . in copper in her hand—I afterwards searched her, and found nineteen sove-reigns, and four half-sovereings, in a pocket—when she stood up at the chair it hung between her legs—she said that she had had that money a month, and she could tell me who it belonged to—Lewis said that the money in Cos-grove's hand belonged to her—she said she had never been to Mother Buckley's, and did not know Mother Buckley—as we were taking them to the station, we met a man named Buck, and Cosgrove said to him, "They have got it all"—when the prosecutor mentioned the amount of his loss, he des cribed his sovereigns.

Cross-examined by MR. PAYNE . Q. What was it Mother Buckley said about eleven o'clock in the morning, when she was brought to the station? A. She told me to go to Mason's-court, in Oreat Garden-street, and there I should find Lewis and Cosgrove—she said, "When I went to them this morn ing they gave me 6 d ., and said they would break my b----y eye."

Cross-examined by MR. BALLANTINE . Q. Did you search Cosgrove your self? A. Yes, it is usual for a female to do that, but when there is a pocket there is no occasion—I was obliged to lift up her gown—the pocket was in her petticoat.

CORNELIUS FOAY ( police-constable H 98.) I went with Driscoll to Mason's-court—I have heard his account—it is correct—when we got into the room, I heard Cosgrove say, "O, my God!"—I told her she was charged with robbing the captain of 24 l ., at Mother Buckley's—she said, " Mother Buckley has had some of the Thames-street girls in, and robbed him, and now wants to blame us"—Lewis said she had had nothing at all to do with it, she hud not been out last night, for her gown was wet—I saw Driscoll find this gold in the pocket of Cosgrove's petticoat—she said she could prove whose money it was, and she had had it this last month—this is the money—the prosecutor described his sovereigns to me, that he had four dragon sovereigns.

Cross-examined by MR. PAYNK . Q. Did Buckley say, "I am charged here with robbing the captain, and I have never seen but 6 d . of his money?" A. She did.

Cross-examined by MR. BALLANTINE . Q. Did you hear Warren make a statement? A. No, I was not in the inner office—I was told he had made some statement—I was examined after Warren.

THOMAS SAWYER re-examined. There are three dragon sovereigns among this monty, and I had four—there is 2 l . 10 s . short of what I had—Cosgrove was in my company about a quarter of an hour—Lewis was sent for some gin

—Buckley came into the room after the gin was drunk—that was the first time she came in—she was in the room a minute or two—Cosgrove and Lewis left the room at the time of her entering—my money must have been gone before Buckley came in—I had seen nothing of Buckley before my money was gone—I believe my money was gone before she came in.

Lewis. I am quite innocent; I never saw the man in my life till at the office; he looked at two women before be looked at me, and then he looked at Foay, and said, "I think I have seen this girl's face before." Witness. I have no doubt about Lewis—I am certain she was the second female—I saw her features in the house—there was a light there—she was not away for the gin many minutes—I might have been robbed while she was gone—Cosgrove was close to me at the time—she might have taken it while Lewis went for the gin—I felt my money safe five minutes before I met these girls—my hand was constantly on it.

PIERCE DRISCOLL re-examined. The prosecutor mentioned to, me that he had lost four dragon sovereigns.

COSGROVE — GUILTY . Aged 20.

LEWIS — GUILTY . Aged 20.

Transported for Ten Years .

DOLPHIN — NOT GUILTY .

699. WILLIAM LAW was indicted for stealing, on the 20th of Jan ., 44lbs. weight of candles, value 10 s .; 12 forks, 12 s . 10 knives, 10 s .; 100 pieces of candle, 2 l .; the goods of John Gladstone , his master; to which he pleaded

GUILTY . Aged 31.— Confined Three Months .

700. WILLIAM PINCH was indicted for wilful and corrupt perjury. MR. CHARNOCK offered no evidence.

NOT GUILTY .

701. THOMAS MAHER was indicted for stealing, on the 14th Jan ., 169 yards of woolen cloth, value 62 l . 14 s .; 55 yards of kerseymere, 12 l .; 121 yards of cotton cloth, called corderoy, 8 l .; 10 yards of velveteen, 8 l .; 45 yards of plush, 7 l .; 28 yards of a certain cloth, called sealette, 4 l .; 5 yards of satin, 4 l .; 241bs. weight of thread, 3 l .; 55 yards of a certain cloth, called beaverteen, 3 l . 10 s .; 24 yards of waistcoating, 2 l . 18 s .; 10,000 buttons, 2 l . 10 s .; 30 pairs of stockings, 2 l . 6 s .; 38 yards of printed cotton, 2 l .; 1 1/2 lb. weight of silk, 1 l . 17 s .; 3 coats, 1 l . 16 s .; 53 yards of canvas, 1 l . 10 s .; 12 handkerchiefs, 1 l . 4 s . 72 yards of cord, 4 s .; 6 yards of cloth, called nanki nette, 6 s .; 1 set of fireirons, 4 s .; 2 shirts, 8 s .; 32 yards of cotton cloth, 11 s .; 10 yards of mogadore, 1 l .; 12 pairs of gloves, 9 s .; 6 stocks, 12 s .; 2 yards of velvet, 1 l .; 2 irons, 1 s .; 1 square, 1 s . 6 d .; 1 bell-pull, 2 s .; and 1 table cloth, 1 s .; the goods of Mary Moore .

MR. BODKIN conducted the Prosecution.

MARY MOORE . I am single, and carry on the business of a tailor and draper, at Newark. The prisoner was my journeyman for about a year and a half—he lived near the premises where I carried on my business—I used to pay him for each article he made, according to the usual prices—about two months ago 1 hired a room in his house, to deposit some of my property in—I paid him 1 s . a-week—the rent of his house was 2 s . 1 d . a-week—I put the goods in that room, which I have since seen in London—perhaps 1 had 150 l . worth of goods in the room—I fastened it with a padlock outside, and kept the key myself—on Wednesday, the 11th of Jan., I went to the prisoner's house to tell him I wanted him to make a coat—he said he would go, cut it out, and make it, and come to me next morning—he did not come next day

—in consequence of that, I went to his house the next Friday—he was not at home—the door was locked—I thought he was gone to some friends—I went again three times that evening, but always found the door locked—I went again on the Saturday, and found it still locked—on Monday morning a parcel came to my house—it contained the key of his house—I went to his house with the key, and went into it—I went to the room in which my pro perty had been deposited—the door was locked, the same as usual—I unlocked it with my key, and on entering the room I missed all this property stated in this indictment—I have seen the articles mentioned in the indictment, and I identified them as being mine—the prisoner had no authority from me to re move this property, or do any thing with it—he had no business in the room at all—I communicated with my brother, who came off to London.

Cross-examined by MR. CLARKSON . Q. Is your brother here to-day? A. Yes—I still keep a tailor's shop—I am unmarried—I hired this room of the prisoner to put my things in—I had let five rooms in my own house in which I had kept part of my goods—I will swear I moved the goods to his room, on account of my letting these rooms, because I had not room for them—I had a shop, a small sitting room, and three up-stairs rooms of my own at this time—here are seven or eight packages of goods here—they would all go in one room easily enough—I know a person named Battam—he resides at Newark—he did not mark any of these goods—he is an acquaintance of mine—I have known him thirty years—he is seventy years old—I only know one person of that name—my son marked some of these goods—my son has never gone by the name of Battam—he is now on his death-bed—my shop was shut up—I cannot tell the date—these things were moved from my house to the prisoner's occasionally as it suited me—they were not always removed at night—they were sometimes—my business was not in a very suc cessful state, nor in a very unsatisfactory state, but I was afraid it might be—I was in debt—I might owe 200 l . or 300 l . my son keeps the books—I owed Mr. Bell, the banker 80 l . I might owe 300 l . to my brother, but I do not know—I do not keep the books—these goods were not removed exactly for the purpose of avoiding an execution for these debts—I was rather afraid of my brother, or of the Bank, at least—I might have told the prisoner that I wished these goods to be put into his house to avoid an execution that I ex pected from my brother—that was not my only reason—another was that I had let part of my house—the Bank had threatened me with law proceedings—I partially removed the goods to avoid the threatened execution—I have never paid the prisoner with cloth when I owed him anything—I do not know that he told me he did not understand the law, and was afraid of getting into trouble—I will swear he did not—I do not recollect that he ever said so—I did not tell him he need not fear, I would make it all right—I do not believe his wife said so, nor that either of them did—I never knew from him that these goods had been booked at Deacon's warehouse, for London—on Sunday evening, the 15th of Jan., I saw a woman named Sarah Crawley at Newark, between six and seven o'clock, I went to her house to inquire—it was dark—there was a man with me—he had a bunch of keys—I bor rowed a candle from Mrs. Crawley—she might have asked me who the man was—I do not recollect that she did—I might have told her he was a particular friend of mine, a Mr. Gibson—he tried the lock of the prisoner's door—we had asked leave first of the landlady—I sent for another man named Revell—we picked the lock, and went in—Revell picked it—I believe Mrs. Crawley paid the man for picking the lock—the prisoner had been very kind to me in opening the shop for me, and I gave him flannel, and several things—I thought I was indebted to him for what he had done—I think I gave him a

coat to come up to London, about three weeks ago—he said he would come and work six weeks in London, till work was brisker, and then he would re turn—I never told Mrs. Crawley that I had entrusted the prisoner's wife with the key, in order to remove the goods, nor any thing to that effect—the lock was picked, because they had taken the key away—they returned the key in a parcel with a note—I gave the parcel which contained the key to my brother—I employed the prisoner to teach my son the art of cutting—I gave him one waistcoat piece for that—I only gave him one—I paid him what he demanded—I paid him with this waistcoat—he was only an hour or two teaching him—he made no charge at all—I do not believe that my son brought the key of the room on the 27th of Dec. to the prisoner's wife—this is the first word I ever heard about it—the prisoner's wife might have removed some of these things from the room to my house—if she did it, it was by my directions or my son's—if I wanted them either to sell or use, I should have them again—she never got them unless I was with her—I do not know whether I ever went to the prisoner's house of a night to remove goods to my shop for the purpose of sale on the market days—I might fetch some—I will not swear whether I did or did not on the 12th of Jan.—if I did they were my own—I swear I never employed the prisoner and his wife to bring my goods up to London, or to remove one single article.

REUBEN MOORE . I am the brother of Mary Moore; she carries on business as a tailor, in Newark—some time before this, she was in my debt to the amount of 270 l . or 280 l .—about three weeks or a month ago, I bad an execution out against her—I took her goods which were assigned me by the Sheriff—that was before these goods were taken away—I got what value I could under the execution—I had not interfered by my execution, with these goods that were in the prisoner's house—she made a communication to me about the removal of this property, and in consequence of that, at her par ticular request, I came to London after the prisoner—I in the first place went to Guildhall, and got the assistance of M'Lean the inspector—I arranged to be at the Castle and Falcon to see who would claim the goods—the prisoner, his wife, and a man who described himself as a porter, who I believe is a relation of theirs, came and took away each of them a package—they con tained part of this property—the inspector and I followed them—they took them out of the yard to where the prisoner lodged—we went up stairs, and opened the boxes there, and found goods which I can swear were my sister's—part of them had been bought of me.

Cross-examined. Q. Does your sister owe you anything now? A. There is the claim for the money for which I am bound at the Bank, to the amount of about 60 l .—I became bound about two or three months ago—I cannot say whether it was before, or in Nov.—I realized 200 l . and odd by my execution—I cannot tell when I levied it—I do not know whether it was before or after 1 became bound to the Bank—I did not know my sister had removed any of her goods, or I should have levied the full execution—a very few shillings or pounds remain of my own debt—I have not got any account or claim that I made on her—I think the Sheriff levied for 210 l .—the goods were assigned to me, and are in my warehouse at Newark—she had other cre ditors—I cannot tell how many—I should think she now owes about 300 l .—the goods that are here are worth about 50 l .—the whole of the goods the prisoner is charged with stealing are above 100 l .—he has pledged a good many here, and part at Nottingham—I gave the bankers a bill for 60 l . odd, at twelve months date—I did not know at that time that my sister had been concealing her goods, or I should not have given the bill.

MR. BODKIN . Q. At the time these goods had heen removed had you been pressing against her? A. No.

FRANCIS M'LEAN . I am inspector of the City-police. A complaint was made to me by Reuben Moore—I went with him to the Castle and Falcon, and found packages of goods—the prisoner, a woman, and a man claimed those goods—each of them took one of the packages, and carried them away—I followed them to Fox-court, Aldersgate-street—I there had these packages opened, and found they contained these goods—the prisoner was there at the time—I told him why I interfered, and Moore gave him in charge for stealing his sister's goods—he laughed and said they were his, and he was quite ready to show us—he had the key—we went into an ad joining room, and found some more goods, and on the mantelpiece I found some duplicates—these are them.

Cross-examined. Q. Did you say any thing about finding them, before the Magistrate? A. Yes, they were handed to the Magistrate—I do not recol lect the prisoner's saying he was employed by Mrs. Moore to bring the things to London—he said she was endeavouring to conceal them from her creditors, and when it was found out, he was employed to remove them to London—he said he had a great deal more to say.

JOSEPH WOODHOUSE . I am a pawnbroker at Nottingham—some of these goods were pawned at Nottingham, part on the 13th and part on the 14th of Jan., by the prisoner—three of these duplicates refer to them.

Cross-examined. Q. How much did you lend him on them? A. 3 l . 14 s .—they consist of woollen-cloth and three coats.

( Property produced and sworn to. )

MR. CLARKSON called

SARAH CRAWLEY . I am the wife of a tailor, living at Newark—I have known the prisoner two years—Mrs. Moore came to my house on Sunday afternoon—I asked if she had got into the house—she said no, she wished to have the lock picked—she had it picked, and asked me to pay the smith for picking it—I did so—she went and came out again to my house—I asked what she missed—she said, "Well"—she did not exactly say what she had—and she said the prisoner had always been very kind to her, and she had given him a great deal of goods for himself—I said, "Why?"—she said, "If you could not pay your journeyman on Saturday night, what should you do?"

(Philip Hooper, tripe-seller, Long-lane, Smithfield; and Mary Ryan, Short's-gardens, Long-acre, gave the prisoner a good character.)

GUILTY . Aged 34.— Transported for Seven Years .

Fifth Jury, before Edward Bullock, Esq.

702. JAMES BRUCE was indicted for stealing, on the 1st of January , 1 coat, value 1 l . 10 s ., and 1 pair of trowsers, value 10 s .; the goods of Ed mund Baron Lariss , of the empire of Austria: also, on the 15th Nov ., 1 butter knife, value 1 l .; 1 fork, 10 s .; and 1 spoon, 10 s .; the goods of Robert Thomas Ripley : also, on the 9th Jan., 1 coat, value 1 l . 10 s .; the goods of William Cripps Kitchener ; to all of which he pleaded

GUILTY . Aged 21.— Transported for Seven Years .

703. GEORGE WEBB was indicted for embezzling, on the 5th of Nov ., 4 s . 6 d . the monies of Benjamin Gardner , his master: to which he pleaded

GUILTY . Aged 12.— Confined Seven Days , and Whipped.

704. RICHARD JONES was indicted for stealing, on the 1st of Jan ., 6 half-crowns, 2 shillings, and 1 sixpence; the monies of Thomas Laidley , from his person.

THOMAS LAIDLEY . I live in Castle-street, Leicester-square. On the 1st of Jan., at two o'clock in the morning, I went to call on a friend in New castle-street, Strand, and met the prisoner there, who I had seen at my house occasionally—he was in company with another person, whom I knew—we drank together—I then went to a coffee-house, in Newcastle-court, to breakfast—the prisoner followed, and went in with me—it was then a little after five—we breakfasted there together—I had several half-crowns and two or three shillings—I had just changed a sovereign, and had spent some of it—I had been much fatigued, and fell asleep there—the prisoner was the only person who was with me, as the house was just opened—when I awoke he was gone, and I missed all the money I had—about one the same day I gave information to a constable, went with him to the prisoner's lodging, and found him in bed—he said he knew what I came for, he had got my money, and had taken care of it for me—he gave me half-crowns to the amount of 15 s .—I said that was not all I lost, and he gave me another half-crown—I then left, and just as I came out I met another constable—I told him that I had been robbed, and he said I must come back with him—I told him I had get part of my money, I had not got all—we then took the prisoner to the station—I had had about 25 s . or 26 s . altogether, as near as I could calculate my money.

Cross-examined by MR. PRENDERGAST . Q. You changed a sovereign? A. Yes, about an hour before—I changed it to pay for what I had at Mr. Brown's—I had some silver before—I had 25 s . or 26 s ., I cannot say which—I did not say when I received the 17 s . 6 d ., that I believed that was all—I have not been to the prisoner's father and got a sovereign from him—his father sent for me.

Q. Did you go to the prisoner's father's house? A. Decidedly I did, and I got a sovereign from him—I lost all the money I had that night—I was going away in the morning—I left the house, where I had been residing for about two months, at the corner of Old-street, at half-past twelve o'clock that night—I wanted to go by the Hull packet that morning, and was af aid I should oversleep myself—I left the house when the house closed—I had been there from twelve till half-past twelve—I was to go off by the Hull steamer at half-past seven from the Tower-stairs, but I was going to fetch my things, which I left in Albemarle-street—the first place I got to was Newcastle-court, where I called to see Mr. Brown—I went next to a coffee-house in Holy well-street, I think—I stopped there about fifteen or twenty mi nutes—I then went to Mr. Hudson's, in Drury-Iane—that was the last coffee-house I was at—I do not know whether I received the sovereign from hit father, it was from some of the party—it was not at his father's house or where he lodged—it was at the house of a person named Sheen, who is a relation of the prisoner's father I think—I went because I was sent for—I got from his father 30 s . altogether; and if I got the 17 s . 6 d . from the policeman, that would be 47 s . 6 d .—I was induced to take that 30 s ., because I wanted to go into the country.

NOT GUILTY .

705. WILLIAM LEWIS and CHARLOTTE LEWIS were indicted for stealing, on the 15th of Nov ., 1 blanket, value 4 s .; 3 sheets, 9 s .; 1 table cloth, 2 s .; 2 pillows, 4 s .; and 2 pillow-cases, 4 s .; the goods of Thomas Douglas .

ELLEN DOUGLAS . I am the wife of Thomas Douglas, a ship-carpenter, in Oxford-street, Stepney. In February, 1840, Charlotte Lewis took a fur nished apartment of me—both the prisoners came the same evening, and lived there two years all but a month—I went into the room a few hours after they

were gone, and missed the sheets and other articles—I went, in consequence of information, to Mrs. Avila's, a pawnbroker, where I found the pillows and pillow-cases—I also found the table-cloth—I went last Tuesday to the work-house at Mile-end—I found William Lewis there—I said I supposed he was astonished to see me there—he said he was, and he had no money—I gave him in charge—I found Charlotte Lewis at Wapping workhouse—I gave her in charge—the articles here are mine—here are the initials of my name on the cases and the blanket—after going to the pawnbroker's, I received a letter, which, to the best of my belief, is in the writing of William Lewis.

William Lewis. Q. I believe you have lent me articles to pledge? A. Yes, but I never authorised you to take any article out of the room—you knew I would not allow it.

JAMES BENJAMIN AVILA . I am in the service of Sarah Avila, a pawn broker. I produce some articles pawned there, in the name of Ann Lewis—this blanket was pawned on the 15th of Nov., 1841, I cannot tell by whom, but I believe Charlotte Lewis pawned these pillows.

DANIEL PRESCOTT ( police-constable K 75.) I went to Mile-end work-house with Mrs. Douglas, and took William Lewis—I then went to Wapping workhouse, and took Charlotte.

William Lewis's Defence. Mrs. Douglas went to one of my wife's brothers, and said she would forgive me if the tickets were delivered up, and they were; when she has lent me articles I have redeemed them again.

WILLIAM LEWIS — GUILTY . Aged 60.— Recommended to mercy. — Confined Three Months .

CHARLOTTE LEWIS — NOT GUILTY .

706. JOHN ASHLEY was indicted for stealing, on the 7th of Jan ., 1 vice, value 15 s ., the goods of Thomas Murray ; and BENJAMIN BEER , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.

THOMAS MURRAY . I live in High-street, St. Giles, and am an ironmonger, This vice is mine—I lost it on the 7th of Jan.—it had been by the side of another vice in my shop—Ashley used to come to my shop at times with his father—I received information from my servant, Brown, and went to a house in Nottingham-court, Short's-gardens—I found Beer there—I was given to understand by the landlord that it was Ashley's father's premises—Ashley's father was not there, but Beer was in the act of taking away the vice from under the stairs in the cellar—I asked what he was doing with the vice—he said Ashley had sent him to take it away, and to meet him at the corner of Long acre—I gave Beer in charge—I had missed the vice a few minutes before.

Cross-examined by MR. PAYNE . Q. What is the weight of this vice? A. I should say about three quarters of a hundredweight—it is rather heavy—I did not hear Ashley mention at all when the vice was found—I should say a boy like Ashley could carry such a vice as this—I have seen it done—I have seen him come almost every other morning with his father—the vice was found about five minutes' walk from my place.

Cross-examined by MR. HOWORTH . Q. Did you ever see Beer before? A. No—Ashley's father is a stove-maker, which is a branch of smith's work—he never worked for me—he and the boy used to come to my house to buy iron—I did not know where he lived, for he always paid ready money for his iron—I have no doubt that it was at his workshop I found the vice—Beer was in a landing-place between the shop and the other cellar—I believe I and the policeman were there before Beer came—we were searching round for the vice—the boy Ashley had been taken into custody before we went to the cellar—a servant of mine had given him into custody, without my knowledge

—I went to his father's shop to look after the vice—I was there a few minutes before Beer came—I did not see him come in—it is a corner house—he came it at the side door—we did not hide ourselves—after we had searched the front shop, we found Beer taking out the vice, lifting it on his shoulder—the passage was very narrow, and I was before the policeman—he was to meet Ashley at the corner of Cross-lane and Long-acre—neither of us went to see if Ashley was waiting there.

COURT . Q. After you lost this vice you went in a few minutes straight to Nottingham-court, Short's-gardens? A. Yes—I went first by myself, but did not go into the house—I left a female servant at the corner of the house to see that they did not take it away—I then went to the station, and came with a policeman in about ten minutes—it was the second time that I saw Beer—I never saw Ashley there at all—Beer came in I suppose while we were there the second time—it is a very dark place—I do not know whether he was there when we went into the house.

HENRY BROWN . I am in the prosecutor's service. I was in the street on Saturday morning, the 7th of January—I saw Ashley with the vice on his shoulder, about nine or ten o'clock, in Bowl-yard, going towards Belton-street, which leads into Nottingham-court—I know it was my master's vice—I went and told my master.

Cross-examined by MR. PAYNE . Q. When had you seen that vice before? A. That morning, in the shop—I knew Ashley by his coming to the shop, and I knew the vice because I went up and looked at it—I am fourteen years old—I cannot take this vice up and carry it—I do not think he could lift it on his own shoulder—I did not speak to him—I did not know but he had been and bought it.

COURT . Q. Are you sure he was carrying it? A. Yes.

Cross-examined by MR. HOWORTH . Q. Was any one with him? A. No—I never saw Beer to my knowledge—I did not know where Ashley's father lives—his workshop is in Nottingham-court, Short's-gardens, where the vice was found.

EDMUND SWEENEY ( police-constable F 130.) I went to Nottingham-court—I found Ashley there, and I took him to the station—I returned with the prosecutor, and found Beer under the staircase—I do not know when he came—we were there a length of time searching the place—there are two or three dark cellars—we, were obliged to get a candle—Beer was standing close to the vice.

Cross-examined by MR. PAYNE . Q. Were you at the police-office? A. Yes—Beer was first examined as a witness, and then turned into a prisoner—Beer made a charge against Ashley's father—I did not go to the top of Cross-lane, Long-acre, to see whether Ashley's father was waiting there—Beer told me he was asked by Ashley's father to take the vice there.

Cross-examined by MR. HOWORTH . Q. Had you examined that part where the vice was before Beer came? A. No—we were nearly ten minutes search ing the place—it was full of old iron—the vice was not covered with iron—it was a very narrow place where Beer was—I cannot say whether Beer was in the place when we got there—the place is very large.

Witness for the Defence.

MICHAEL CONNER . I live at No. 5, Great Tothill-street, Seven-dials, Beer lives in that house—on Saturday morning, the 7th of Jan., the day that Beer was taken, I was cleaning my window, between half-past ten and eleven o'clock—a very genteel man came and asked me which bell he should ring for Beer—I told him—Beer shoved the window back and went out with him.

ASHLEY — GUILTY . Aged 16.— Confined Two Months .

BEER — NOT GUILTY .

707. JOHN ASHLEY and BENJAMIN BEER were again indicted for stealing, on the 6th of Jan ., 1 vice, valne 16 s ., the goods of Thomas Murray .

THOMAS MURRAY . I live in High-street, St. Giles's. I lost a vice on the 6th of Jan.—I missed it about one o'clock in the day—this is it.

Cross-examined by MR. HOWORTH . Q. Is that the statement you have al ways made, that you missed it about one o'clock? A. Yes—it was on Friday—I saw it safe lying at the foot of the stairs the night before—I went out that morning at half-past eight o'clock—I had not looked round that morning to see whether it was there—I was present at Clerkenwell—I do not know that in the first instance Beer was an evidence—all he said was in the bar as a prisoner—all he said was that Ashley's father knew all about it.

JOHN KAY . I live in Compton-street, Soho. On the morning of the 6th of Jan. I was called into the passage of the house by Ashley—he said he had a vice, could he leave it with me a little while?—I said he might—he went away, and returned in two minutes with the vice on his shoulder—Beer was then with him—they both came into the passage—the vice was left, and they went away together.

Cross-examined. Q.

Did you see Beer do any thing with the vice? A. No; and he did not speak.

ROBERT HILL ( police-sergeant F 35.) I produce this vice, which I got at Kay's, which is about 200 yards from the prosecutor's shop.

NOT GUILTY .

708. HENRY BRAZIER , WILLIAM BATES , THOMAS BRISTOW , WILLIAM RICHARDS , and CHARLES FOLLEY , were indicted for stealing, on the 26th of Jan ., 3 bottles, value 9 d .; and 4 pints of wine, 8 s .; the good of Susan Jane Meacock .

SUSAN JANE MEACOCK . I am a widow, and keep the White Bear, in King-street, Hammersmith. The prisoners are customers at my house—on the 26th of Jan. they were in my tap-room the greater part of the day—they were there before I came down stairs, before ten o'clock in the morning—Brazier and Bates went away about ten minutes before six—Bristow had gone away about half an hour before them—Richards and Folley were left there, and I heard them quarrelling, as I thought—I went into the room where they were, I knocked my foot against a piece of wood, and had nearly fallen down—I asked what they had been doing—Folley said they had been dancing; and I found the floor was broken to the extent of about half a yard long, and about a foot wide—I looked down the hole, and saw a bottle in the recess where I keep wine, in the cellar under that floor—(there were two holes in the floor, but one of them did not go into the cellar)—a person could not go down the hole, but by putting their hands down they could reach the wine—I called Carter—he went down into the cellar—I went down, and missed three bottles of port wine—I knew they had been there before, because I had taken stock on the Wednesday evening, and this was on the Thursday—when I came back from the cellar Richards was gone—I said to Folley, "Some of you have been at my wine, tell me who it is"—he said, "I know nothing at all about wine"—I had been in the bar, and had not been in the tap-room for an hour or more before I found the hole—the last time I had been in the tap-room I did not perceive any hole in the floor—no one had been in the tap-room but Jeremiah M'Carthy.

Cross-examined by MR. PAYNE . Q. I believe Richards had lived in the house for two years? A. Yes—the prisoners had had eleven pots of beer—I could not call them tipsy—my house is very old, and the floor is a little thin—it was not cut.

HENRY CLAPHAM CARTER . I am a builder, and live at Hammersmith. I was at the White Bear about a quarter past six o'clock in the evening, on the 26th of Jan.—I was called into the tap-room by Mrs. Meacock—there were Richards and Folley in the room—two holes had been broken in the floor—I could reach the wine which was in the recess from one of the holes—I went into the cellar, and found the wine had been disturbed—three bottles had been moved—two of them were gone, and had been emptied and put back, but not in its right place—I had taken an account of the wine the night before, and taken one bottle from that tier; and on Thursday morning, at nine o'clock, there were seven bottles on that tier, and I found only four bottles full of wine and one empty—after the floor is washed they throw sand on it, the sand runs through the cracks, and settles on the top bottles in that recess—the empty bottle that was in the recess I gave to the constable; and the other empty one that he had had got sand on it, the same as the one I gave him—I know the prisoners.

HENRY BEVAN ( police-sergeant T 3.) On the night of the 26th of Jan. I received information, and went in pursuit of the prisoners—I found Brazier, Bates, Bristow, and Folley, in the Rising Sun tap-room—I took three of them into custody, but Folley was behind the door, and as soon as he saw me he escaped—I took the other three—I told them it was on suspicion of stealing tome wine at Mrs. Meacock's—they said they knew nothing about it—on the road to the station they all said, "D—n the wine, let us go, and we will make that all right"—I took them to the station, and returned to the Rising Sun—I went into the tap-room, and found a glass, which I now produce, with a small portion of port wine at the bottom of it—I went with another officer, and found in a ditch near the Rising Sun an empty bottle, which con tained a small portion of port wine—I went and took Folley at his house—Richards was taken by another officer.

Cross-examined. Q. How far is the Rising Sun from the prosecutor's? A. Not quite half a mile—I never saw the prisoners in possession of this bottle.

JEREMIAH M'CARTHY . I am eleven years old. On the afternoon of the 26th of Jan. I went into the tap-room of the White Bear to sell my lucifers—I saw the five prisoners there, and another man, who sat on the table—I did not sell any matches there, but after the man who sat on the table had gone out, I saw Brazier knock his heel against the floor; he then took a box of lucifers of me, put me over the bench, and put me out—I went and asked Brazier for my box of lucifers, or to pay me for them, and Bates said, "It is time for you to cut," and with that I went out—I was there three or four minutes.

RICHARD PETERS . I am pot-boy at the Rising Sun, in Chapel-street, Hammersmith. At a quarter-past eight o'clock that evening Brazier, Bris tow, and Bates, came into the house and called for two pots of beer—they asked me to lend them a glass—after that Brazier began to blacken my face with his hands—this glass produced by the officer is the one I lent them.

JOSEPH JUPP ( police-constable T 55.) I assisted in taking Folley and Richards—I examined the prosecutor's cellar, and found an empty bottle on the top of some full ones, nearly opposite the hole in the cellar—I produce that, and another bottle which was found in a ditch near the Rising Sun.

NOT GUILTY .

709. WILLIAM CASSERY was indicted for stealing, on the 17th of Jan ., 3lbs. weight of honey, value 2 s . 6 d .; and 1 jar, 1 d .; the goods of Peter Breden .

JOHN WILLIAM PRATT . I am shopman to Peter Breden, of Southampton-court, Bloomsbury, a grocer. This jar—( looking at it )—has my writing on it—it contains honey, and is my master's—on the 17th of Jan., when I came into the shop in the evening, I missed two pots of honey, which had been standing on a cask within two and three feet of the door.

HENRY FOWLER ( police-constable E 111.) On the evening of the 17th of Jan. I saw the prisoner and two other boys—the other two went away—I saw the prisoner go and take this pot of honey from the prosecutor's shop—he came out of the court into Southampton-row—I went and took him with it—he said, "The other boys gave it me," but I had seen him take it.

Prisoner's Defence. I was coming down Southampton-row, and two boys said, "Will you have a pot of honey?" I said, "Yes," and this gentleman came, collared me, and said he saw me take it out of the shop; he took me to two shops before he could find it.

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

GUILTY . Aged 15.— Confined Seven Days , and Whipped.

NEW COURT, Friday, Feb. 3rd, 1843.

Fifth Jury, before Edward Bullock, Esq.

710. SYDNEY SMITH was indicted for stealing, on the 25th of Jan ., 5 hair brushes, value 12 s ., the goods of Charles Highatt ; to which he pleaded

GUILTY . Aged 24.— Confined Six Months .

711. JAMES THOMPSON was indicted for unlawfully uttering counter feit it coin, well knowing the same to be counterfeit.

MESSRS. ELLIS AND BODKIN conducted the Prosecution.

SARAH PRIOR . I am servant to Mr. Buckland at Crouchend, Honsey. On the 16th of Nov. the prisoner came to my master's door—he said he was come to pay the footman 6 d . that he owed him—he gave me a crown-piece—I gave him 4 s . 6 d . change, and he went away—I afterwards got the 4 s . 6 d . from the footman—he did not see the prisoner—I took the five-shilling piece into the footman's pantry, and put it on the shelf—the footman showed it to me the next night, and it was discovered to be bad—I marked it, and gave it back to the footman.

JOHN ATTERBURY . I am footman to Mr. Buckland—the prisoner was 6 d . in my debt—I remember Prior telling me a person had called, and she di rected me to a crown-piece in my pantry—I took possession of it in about ten minutes, and put it into a drawer where there was other money, but no other crown, I am sure—I locked the drawer and kept the key—I went to the drawer the next day and found the crown-piece in it, and no other crown—I took it down the village to pass it, and it turned out to be bad—I kept it in my possession till I gave it to Sullivan.

JOHN SULLIVAN ( police-serjeant N 26.) I produce the crown which I got from Atterbury.

JESSIE HAMMOND . I am the wife of James Hammond. We keep the Hope and Anchor at Hornsey—I know the prisoner by sight—our house is within three-quarters of a mile of Mr. Buckland's—on the 16th of Nov., about a quarter before seven in the evening, the prisoner came to the bar for a pint of porter, for which he gave me a bad five-shilling piece—I gave him a half-crown, two shillings, and fourpence—he drank the porter—I still held the five-shilling piece in my hand while I was talking, and as he was

drinking the last drop of his porter, I thought the five-shilling piece felt greasy—a person came in; I said, "Is this a bad one?"—the prisoner had the door in his hand, and before I had finished speaking he opened it and ran away—I believe he heard what I said—I then put the five-shilling piece to my mouth and bit it—this is it—I have had it in my possession ever since.

Prisoner. Q. Were you the first person that took it? A. Yes; I took it from your hand; no person touched it but me.

CHARLOTTE SELLS . I am the daughter of Thomas Sells—the prisoner had lodged at our house—on the 16th of Nov., about seven in the evening, he came to pay for his lodging—he owed us 3 s . for rent, and he laid down a five-shilling piece—I gave him 2 s . and his clothes—he went away directly—I took the five-shilling piece up directly he was gone—in about ten minutes a lodger came in, and we showed it him—I showed it to my mother, but she did not take it out of my sight—I gave it to Sullivan the next morning—he told me to mark it—I received the same five-shilling piece back from him—I brought it home and gave it to my mother—I got it again from her on the Saturday night—I am sure it was the one I gave her—I gave it to Wright.

JOHN SULLIVAN . I received a crown from Sells—it was marked in my presence, and I gave it her back.

HANNAH SELLS . I am the mother of Charlotte Sells. On the 16th of Nov., I received a crown-piece from her—I put it into my pocket—there was no other there—the next morning I gave it back to her—I am sure it was the same—it had been in my pocket—I got it from her again the same evening—I put it into my pocket and kept it till next morning, when I gave it to Wright—I had had it in my possession ever since I got it from her.

CHARLES WRIGHT ( police-constable N 304.) I got this crown-piece from Charlotte Sells, in the presence of her mother—I apprehended the prisoner, and said to him, "Thompson, I believe you are wanted?"—he said, "I guess what you want, it is all a gooser now," which I believe means to be transported.

MR. JOHN FIELD . I am inspector of coin to the Royal Mint. These three crowns are all counterfeit, and all cast in one mould.

Prisoner's Defence. I went in with another man to the Hope and Anchor, but I was not the person who gave the crown-piece, it was the man that went in with me. Three men have since been apprehended at Hatton-garden, and it was given to the daughter, not to her.

GUILTY . * Aged 21.— Confined Two Years .

712. MARY ANN SMITH was indicted for unlawfully uttering counter feit coin.

MESSRS. BODKIN and ESPINASSE conducted the Prosecution.

HENRY PORTINGTON . I am in the employ of Moses and Son, tailors, at Aldgate. On the 4th of Jan., about one o'clock in the day, the prisoner came and asked for a waistcoat which came to 2 s .—she went away, and returned in five or ten minutes, and agreed to purchase it for 2 s .—she tendered a five-shilling piece—I took it to the desk, and found it was a base one—I then spoke to Mr. Ware, and desired him to detain her—I took it into the counting-house, and showed it to one of my masters—I then went and spoke to the prisoner, she said a person outside gave it to her—an officer was fetched, and she was given into custody—I gave the officer the crown-piece the next day—she was remanded until the Saturday, the 7th, and then discharged.

ROBERT WARE . I am shopman to Moses and Son. I remember the

prisoner bargaining for a waistcoat—I detained her while Portington went to speak to Mr. Moses.

JOHN COLE ( City police-constable, No. 649.) On the 4th of Jan., I was sent for to the shop, and took the prisoner—I received from Portington this crown-piece.

BENJAMIN BLAKE WELLS . I am shopman to Mr. Mechi, of Leadenhall-street. On the 13th of Jan., I saw the prisoner, she asked for a 6 d . tooth brush—I served her—she gave me a half-crown—I examined and found it was bad—I gave it to Mr. Mechi—the prisoner was then taken into custody—Mr. Mechi had the half-crown in his hand, and gave it to the policeman.

JOHN CROWLEY ( City police-constable, No. 617.) I was in Leadenhall-street, on the 13th—I took the prisoner, and received this half-crown from Mr. Mechi.

MR. JOHNFIELD . These are both counterfeit.

GUILTY . Aged 17.— Confined Twelve Months .

713. HENRY MARTIN was indicted for unlawfully uttering counterfeit coin.

MESSRS. BODKIN and ESPINASSE conducted the Prosecution.

MARGARET ELIZABETH CARTER . I am the daughter of William Carter, who keeps an oil-shop in Warren-street, Fitzroy-square. The prisoner came to our shop about nine o'clock in the evening of Saturday, the 7th of Jan.—he asked for a quarter of an ounce of shag tobacco, which came to 1 d .—I served him—he gave me 1 s .—I called my mother and gave it her.

MARGARET CARTER . I was in the parlour when the prisoner came—my daughter called me—I looked at the shilling, and found it was bad—I asked the prisoner where he got it from—he said he got it for sweeping a chimney—my husband then came into the shop, and I told him what had happened—he asked the prisoner how many more he had got—he said he had no more—my husband gave him into custody, and the shilling was also given to the officer—he then went to the station—the shilling was then given to the sergeant, and marked in my presence—when my husband came into the shop, and this bad shilling was spoken of, the prisoner produced a good one, and told me to take for the tobacco out of that—my husband said, he would do no such thing—the prisoner said he should make no fuss about it.

WILLIAM CARTER . I came into the shop when this matter occurred—I had the shilling in my possession—I gave it to the policeman—it was afterwards given to the sergeant, and was marked in my presence.

FRANCIS HARDING ( police-constable E 88.) I was on duty in the neigh bourhood of Warren-street—I saw the prisoner in charge—I got this shilling from Mr. Carter—it was given to the sergeant, and marked by the prosecu tor and myself—on the Monday I took the prisoner to the police-court—as we were going there, he said, "You won't lag me this time, old fellow?" (which means transport)—this being the only charge against him he was discharged by the Magistrate, on Thursday, the 12th of Jan., about three o'clock in the afternoon.

SAMUEL SWAN COBHAM . I am an oilman, and live in Bow-lane, Cheapside. At half-past seven o'clock in the evening of the 12th of Jan., the prisoner came to my shop, and asked for half a pound of candles, and put down a bad five-shilling-piece—I said it was a bad one, and took him into custody—he did not say any thing—I gave the crown-piece to the officer.

JOSEPH STEPHEN DUGGETT ( City police-constable, No. 484.) I appre hended the prisoner on the 12th of Jan., at Mr. Cobham's, and received this crown-piece from him—I took the prisoner next day to the Mansion-house—

in going along, he said he thought he could tell me something, but be thought he had better hold his tongue, as Mr. Powell would know him

MR. JOHN FIELD . These are both counterfeit.

GUILTY . Aged 21.— Confined Twelve Months .

714. JOHN HARPER was indicted for unlawfully uttering counterfeit coin.

MESSRS. BODKIN and ESPINASSE conducted the Prosecution.

ELLEN PATIENCE MASON . I am niece of Mr. John Gray, a baker, in Bethnal-green-road. On the 11th of Jan. the prisoner came to the house about eight o'clock in the evening, and asked for 4lbs. of bread, which came to 3 1/4 d .—I served him—he put down a shilling—I found it was bad—I said I would cut it in two—I cut a notch in it—a friend of mine came out of the parlour, and the prisoner ran out of the shop, and left the shilling in my hand—I kept it apart from any other money till next day, and gave it to a con stable.

GEORGE TEAKLE ( police-sergeant H 8.) On the 12th of Jan. I was on duty in Bethnal-green-road—I saw the prisoner, and stopped him—his left hand was in his left-hand pocket—I took it out, and put my own hand in, and found two counterfeit shillings—as I was looking at them he darted from me, and ran away—I followed him through three streets, but lost him—on the 14th of Jan. I found him at the Five Ink Horns, Bethnal-green—I found on him five good shillings, fourteen keys, a box, and some lucifer matches—I asked what made him run on the Thursday—he made no reply—on the 12th I went to Gray's, and received this shilling from Mason.

MR. JOHN FIELD . These are all counterfeit, and all cast in one mould.

GUILTY . Aged 17.— Confined Six Months .

715. ADAM ANDREWS was indicted for unlawfully uttering counter feit coin.

MESSRS. BODKIN and ESPINASSE conducted the Prosecution.

WILLIAM JOHN WORTHINGTON . I keep the One Tan, in Chandos-street, Covent-garden. On Saturday, the 7th of Jan., the prisoner came for a glass of gin, which came to 2 d .—I served him—he paid me a half-crown—I put it into the till—there was no other half-crown there—I gave him 2 s . 4 d . change—the moment he went away, my wife went to the till, and said, "You have taken a bad half-crown"—I then found there was only one half-crown in the till—I thoroughly ascertained it was bad—I showed it to another person—I then threw it into the fire—on Monday the 9th, the prisoner came again, and asked for half-a-pint of beer, and 1 d . worth of gin, which came to 2 d .—I served him—I remembered him quite well—he paid me a half-crown—I looked more particularly at it, and it was a bad one—I asked how many more he had got—he made no reply—I walked round the counter, and saw he had two in his hand—I took them out of his hand—one was bad, the other good—he made an attempt at the door, but a man was standing there—I nodded to him to keep it closed, which he did—Clarke then came in, and I gave the prisoner into custody, with the two half-crowns.

Prisoner. Q. If you swear I was there on Saturday night, why did you not bring the piece against me? A. You got out of the house before I dis covered it.

JOSEPH CLARK ( police-constable F 129.) I took the prisoner, and received from Mr. Worthington these two half-crowns.

MR. JOHN FIELD . These are both counterfeit, and both cast in one mould.

GUILTY . Aged 30.— Confined Three Months .

716. JOHN DALEY was indicted for unlawfully uttering counterfeit coin.

MESSRS. BODKIN and ESPINASSE conducted the Prosecution.

WILLIAM JENNER . I am a chemist, and live in York-street, Covent-garden. On the 28th of Jan. the prisoner came to my shop for a poor man's-plaister—I had not got one—he asked for two ounces of salts—I served him—it came to 1 1/2 d .—he gave a shilling, which I found was bad—I asked where he got it—he said, "Over the way," and wanted it back—I said I did not return bad money—he threw down another shilling—I tried it, and found it bad—I called the policeman, and gave him in charge—he then offered a good sixpence—I gave the two shillings to the policeman.

Prisoner. I asked him to go with me to the public-house where I received them, and he and the policeman would not go. Witness. He did not ask me—he might have asked the policeman—I did not hear him—when he put down the second shilling he said, "This is a good one."

THOMAS DAVIS ( police-constable F 107.) I was called to the shop, and received the prisoner and these two shillings—he said he had taken them at a public-house opposite Mr. Jenner's—he asked me to go there—I went, and made inquiries, and no such person had been there—I found a good sixpence, and 8 1/4 d . in copper, on him—I went to the prisoner, and told him I had inquired at the house that he sent me to, and they said he had not been there—he then wanted me to go to the Brown Bear, in Monmouth-street, which is three quarters of a mile from Mr. Jenner's—I am quite clear he told me he took them at the house over the way.

MR. JOHN FIELD . These are both counterfeit, and both cast in one mould.

Prisoner's Defence. I had been drinking, and had two pots of beer; I paid a good half-crown, and got two shillings change; I said I would go, and get a poor-man's plaister for my side, which I had hurt with a stone; I got the salts, and he told me it was a bad shilling; I said, "Perhaps this may be bad too," and gave him another.

GUILTY . Aged 29.— Confined Six Months .

717. THOMAS FENN was indicted for stealing, on the 24th of Dec ., 236 lbs. weight of indigo, value 68 l ., the goods of Mary Ann Vestey , his mistress.—2nd COUNT , stating them to be the goods of Samuel Levi Bensunan and others.

MESSRS. BODKIN conducted the Prosecution.

THOMAS WILLIAM RUDD . I am foreman to Mrs. Mary Ann Vestey, a van and cart holder—the prisoner was in her employ as carman from four to five months. On the 24th of Dec. directions were given from Bensunan and Co. to remove a chest of indigo—I spoke to the prisoner about it, and gave him the warrant to go and pay the charges—it was his duty to go to Crutched-friars to pay the charges—I sent him that day, about half-past nine o'clock in the morning—our place is a quarter of a mile from Crutched-friars—they are the ware-houses of the East and West India Dock Company—he came back in about half-an-hour, and told me he had paid the charge—he brought me a receipt for the money he bad paid, amounting to about 5 s . 6 d .—I then gave him a shipping note, this was from half-past ten to eleven—I directed him to go with the note, and convey in his cart this chest of indigo, from this warehouse to the warehouse in St. Katherine's Dock—it was a one-horse van—the way to go from Crutched-friars to St. Katherine's Dock would be up John-street, down the Minories, and across Tower-hill—it would take about twenty minutes—there is a rule, which the prisoner knew, that we should go the most direct road from one place to another—he returned after one o'clock in the day to the

stand in Billiter-street—I questioned him as to the time he had been gone—he said he had had his horse down—I looked and saw both his knees were cut—there is a Mr. Cobley, who assists in managing Mrs. Vestey's business—I heard him and the prisoner in the stable in the evening—I heard the prisoner say, "That chest was all right"—I said if it was he should go with me down to the Docks on Monday morning, to see that it was right—(1 had received instructions before that)—he came home rather later than the other men, and did not receive his wages—he was told it was in conse quence of the suspicion that the chest was not right—it was bis duty to come on a Sunday, about eight in the morning, to look to his horses—he did not come at all on Sunday—it was bis duty to come on Monday at six—he did not come on Monday at all—he was taken into custody on Monday—I saw him in the evening—I went on Monday morning with Mrs. Vestey to St. Katherine's Docks, and saw the chest—the bottom part of it was opened, and it contained nothing but coal and rags.

Cross-examined by MR. CLARKSON . Q. Is it the custom for Mrs. Vestey to carry other goods besides bonded goods? A. Yes—we dare not carry bonded and unbonded goods together—bonded goods must go by themselves—the carman generally go the nearest way—we should always expect them to do so.

WILLIAM COBLEY . I assist Mrs. Vestey in her business. On the 24th of Dec. I had information given to me by a gentleman named Hillson—who carries on the same business as Mrs. Vestey—in consequence of that infor mation I asked the prisoner on this Saturday evening whether he had been in Rosemary-lane that day with his van and a chest of indigo—he said he had not, it was false; the chest he had from the Company's warehouse he went down John-street, and right down the Minories to St. Katherine's Docks with—I afterwards told him he would not have his wages that night, I suspected there was something wrong in that chest of indigo by his being in Rosemary-lane, out of his road—he said it was very hard he could not have his wages—I said he could not, there was some suspicion that the chest was not right—I told him to come on Monday, and go down with Mrs. Vestey and Mr. Rudd to see the chest opened, and if it was all right he would be paid—he did not come on Sunday or Monday—on Monday Mr. Rudd and Mrs. Vestey went down to the warehouse.

Cross-examined. Q. Did you say he was to come to Mrs. Vestey's on the Monday? A. No—Mrs. Vestey has eighteen carmen—I do not know whether we had been currying indigo shortly before this time—the prisoner ad been in her service about eighteen months—his horse's knees were cut, and one leg was broken—the cart was not broken at all.

MARY ANN VESTEY . I am a widow—the prisoner was in my employ. On Monday morning, the 26th of Dec, I went to the St. Katherine's Docks—the indigo-chest was opened at the bottom in my presence, and found to contain coals and rubbish.

WILLIAM HARVEY . I am a cooper in St. Katherine's Docks. On Monday morning, the 26th of Dec., I opened the chest of indigo at the bottom, in the presence of Mrs. Vestey.

Cross-examined. Q. What time was it you opened it? A. About half-past nine o'clock in the morning—it was not ten—I should say it was soon after nine—I have opened several indigo-chests after they have come for ship ment—I never brought any coals and rags from any other chest.

JAMES GEORGE CLARK . I am a clerk in the indigo-warehouse of the East and West India Dock Company. I remember this warrant—( looking at one )—being brought on the 24th of Dec., by the prisoner, before ten o'clock

in the morning—he came to pay the charges, which were somewhere about 5 s . 6 d .—this bill of charges is Mr. Brown's making out—it refers to this chest of indigo—I handed it to the prisoner, with another bill, and he would have to go to another officer to pay the charges—here is the receipt for the charges, which indicates that they have been paid to Mr. Campbell—I should then issue a warrant to Mr. Eyre, the foreman of the indigo warehouse—this chest was in bond—I do not know at what time the prisoner left—I do not remember his taking the chest from the warehouse—I remember him.

JAMES AYRE . I am foreman of the indigo-warehouse of the East and West India Dock warehouse in Crutched-friars. This order was brought to me by one of the messengers of the Dock Company, from the office on the 24th of Dec.—I gave directions to a person to hoop and cooper the chest of indigo to which that refers, for delivery—I saw the prisoner at the warehouse that morning, between ten and eleven o'clock—he had his van with him—I asked him what he wanted—he said, "A chest of indigo"—I asked who for—he said, "Bensunan and Co."—I said "How many?"—he said, "One chest"—with the assistance of Barker I put the chest into the van, and saw him drive out of the yard, between half past ten and eleven—in July last it was my duty to attend a gentleman, where this chest was on show—it then con tained indigo, and was kept on the ground-floor, in a conspicuous place—the lid was nailed down with three hoops, and the warehouse is kept locked with two keys, one of the Company's, and one of the customer's, and they cannot be opened unless both are present—this cask was in bond.

Cross-examined. Q. This was in a conspicuous part of the warehouse? A. Yes, on the ground-floor, nearly opposite the warehouse-door—I had not seen the indigo since the 15th of July—I do not keep either of the keys—I know the warehouse is open every day, from morning to evening—it is locked in the evening, when the business of the day is at an end, and locked by two officers, who come again in the morning to open it—there are always some persons there—we seldom have less than fifty hands there.

MR. BODKIN . Q. Is there any lodge or place where each person going in and out of the warehouse, is noticed? A. There is a gate and gate-keeper—this quantity of indigo would be a considerable bulk.

JOHN HAREWOOD . I am a labourer in the East and West India Dock warehouse, and live in Cornwall-road. I remember a chest of indigo being moved away the day before Christmas-day—on the 15th of November I had sampled that chest—it then contained entirely indigo—on the 24th of Dec. I received an order to get the chest out, to case it, for the purpose of being re moved—I took it out of the delivery-pile, and cased it with gunny-cloth, and hooped it round with three hoops—it appeared to me to be in the same state as when I sampled it on the 15th of Nov.—I had nailed it up directly I sampled it, and on the 24th of Dec. it appeared just as I had left it—on Monday, the 26th of Dec, I was taken down to St. Katherine's Docks ware-house, and was shown the same chest—it was opened at the bottom—my attention was directed to my own packing at the top—I observed that the head had been taken out, and nailed down with a different nail to what I put in it—I observed where the marks of a chisel or jemmy had been inserted be tween the new wood—the cramp at the head had been moved, and had been nailed down with a different nail to what I had used.

Cross-examined. Q. Did you not observe the cramp on the 24th? A. Yes, and the cut of the chest—when I cased it I observed no difference in the state of the cask on the 24th to what it was on the 15th of Nov.—there were some extra labourers there on the 24th—I had opened the lid to

sample it, with a chisel—I took the lid partly off, and drew the nails—the lid consisted of two pieces of wood, as far as my recollection goes—sometimes the lid is in one piece, and sometimes two pieces—sometimes we split the lid when we sample it, if it is nailed tight—as far as I can recollect, this was nailed in the usual way—I saw the marks of a chisel on the 26th, inside the new wood.

MR. BODKIN . Q. How do you distinguish the marks you detected on the 26th, from those you made on the 15th of Nov.? A. When I sampled it, I took the lid off, and threw it back, and it is here where I observed the difference inserted in this new wood—( looking at it )—that is a part where I did not open it, and here is a nail which I had not put in it—it appeared to me that it had been opened since the 24th—this is the cramp which had been nailed with a different nail.

WILLIAM BARKER . I marked the export mark on the chest on the 24th of Dec.—I lock the warehouse every night, and open it every morning—there are two different locks on it—the Custom-house locker has to open the other lock—I assisted in putting this chest into the van after, it was done up—I saw it afterwards—I know by the mark that it is the same chest.

GEORGE HATFIELD . I am foreman of the export-dock, in St. Katharine's Docks. I was in attendance there on Saturday, the 24th of Dec.—I remem ber the prisoner coming with a chest, which I supposed to be indigo—it was some time after twelve o'clock, I cannot say how long—I received the chest, and deposited it in the proper warehouse—I attended to the locking of that warehouse on that Saturday night, and I left the chest there as the prisoner delivered it to me—I opened that warehouse on the Monday—it was under my charge till it was opened that morning—I was present when the contents of the chest were first seen.

JAMES HILSON . I am a town-carman, and live in Whitechapel. On Satur day, the 24th of Dec., about one o'clock, I was in Rosemary-lane, which is on the eastern side of the Minories—I know Mrs. Vestey—she is in the same business as I am—I saw a van of hers in Rosemary-lane—I do not know who was driving it—it contained a chest of indigo—it was going towards the Mi nories, drawn by one horse—there was a carman with it—I am sure it was one of Mrs. Vestey's vans—Rosemary-lane is out of the way from Crutched-friars to St. Katharine's Docks—it struck me as being something remark able, and I made a communication to Mrs. Vestey, within five minutes.

Cross-examined. Q. How far is Rosemary-lane from the Minories? A. The part I saw the van in is about 300 yards from the Minories—if I were going down the Minories to St. Katherine's Docks I should pass the end of Rosemary-lane—I was going home to my dinner—there is a turning out of Rosemary-lane which leads to St. Katherine Docks, but it is no thoroughfare for carts.

JOHN CASPER GEILS . I am a master carman, and live in Breezers-hill, Ratcliff-highway. I was in Rosemary-lane on the 24th of Dec., about one o'clock—one of Vestey's vans met me—it had one horse—it contained a package something similar to this package which is here—the prisoner was driving it towards Sparrow-corner—that would be coming into the Minories.

JOHN WILLIAMS . I was in St. Katherine's Docks on Saturday, the 24th of Dec., between one and two o'clock—I saw the prisoner back a van in con taining a chest.

Cross-examined. Q. What are you? A. A labourer in the docks—I go to dinner at twelve o'clock.

MICHAEL MAYHEW ( police-constable H 79.) I took the prisoner at the Lee Hoy, in Mile-end New Town, about a mile from St. Katherine's Docks,

about a quarter to one o'clock, on the 26th of Dec.—I told him it was about a chest of indigo—he said he knew nothing about it.

Cross-examined. Q. How came you to go there? A. I was told by Cobley that he was there.

CHARLES ROBERT ESSEX . I am clerk to Mr. Samuel Levi Bensunan and two others. They were the proprietors of this indigo—it was in the East and West India warehouse in Crutched-friars—this is the warrant relating to it.

MR. BODKIN to MRS. VESTEY . Q. Are you in partnership with anybody? A. No—I was in partnership with Mr. Cobley some years ago, and continued so for several years—I think it was in 1832 we dissolved, but Mr. Cobley did not leave my premises—he has conducted my business ever since—I cannot say that he ever left—we did not agree, and he said we had better dissolve partnership altogether, and so we did, and it was in the "Gazette"—here is one of my cards—Mr. Cobley lives on the premises—it is his own house—at least the lease is in his name—I pay the rent and all the taxes—I do not pay the rent to him—the business is mine.

Prisoner's Defence. As I received the chest from the warehouse so I de livered it at St. Katherine's Docks; I am innocent of what I am charged with.

GUILTY . Aged 24.— Transported for Seven Years .

718. GEORGE JENNS was indicted for embezzling 7 l . 7 s . on the 13th of May ; on the 9th of July , 16 s . 8 d .; and on the 26th of July , 1 l . 7 s .; which he received for and on account of his master, William Weedon .

MESSRS. CLARKSON and DOANE conducted the Prosecution.

WILLIAM WEEDON . I live in Harleyford-place, Kennington. I was formerly in business as a farrier and veterinary surgeon—I have known the prisoner for four or five years—he was in business as a leather japanner when I knew him—he became bankrupt in February 1841, or early in that year—previous to that I had advanced money from time to time to him to the amount of upwards of 500 l .—as a security I had a bill of sale from the Sheriff, and a lease of the pre mises—the prisoner was living at Pentonville prior to his bankruptcy—I had a man in possession—the messenger was withdrawn, and there was no further dispute as to his possession—the prisoner was notable to obtain his certificate, and I lent him 20 l . to get it—the business was not carried on for a period of seven or eight months, and I kept the man in possession all the time—in Au gust, 1841, an agreement was entered into between me and the prisoner—this is it—( looking at it )—it has his signature and mine to it—( read ) "Memorandum of agreement made this 19th day of Aug., 1841, between William Weedon, of Hertford-place, Kennington, gentleman, on the one part; and George Jenns, of Cumming-street, Pentonville, on the other part, as follows; that is to say, the said William Weedon having arranged to carry on the business of a patent leather japanner, as formerly carried on by the said George Jenns, he, the said George Jenns, doth hereby agree with the said William Weedon to superin tend and manage the said business for the said William Weedon, and to employ his time therein, and to use his best endeavours to promote the same, at or for the salary or sum of 4 l . a week, to be payable weekly; and the said William Weedon hereby agrees to pay the said weekly sum. And it is lastly agreed that this agreement may be put an end to by either of the parties giving to the other one month's notice in writing. Dated this 19th of August, 1841."—the bu siness was at Hoxton Old-town—Rudge, my son-in-law, was a clerk in this business—I did not know anything of the business—what led to the agree ment was, Mr. Jenns said 1 had nothing to do, if I would carry on the busi ness he thought it would be an excellent opportunity for Mr. Rudge to have

a share in, and I proposed to advance 1000 l . a piece for them to carry on the business till Jenns got his certificate—I was to carry on the business till Jenns got his certificate, and Rudge was to act as clerk—the 1000 l . was for them to have the business between them, if the business answered, for them to enter into partnership.

COURT . Q. Who was to carry on the business? A. Mr. Jenns, as my foreman, at an agreement of 4 l . a week—I paid all the expenses, the rent, taxes, insurance, and every thing—my cheques went to my own bankers.

MR. DOANE . Q. Was the business carried on in this manner? A. Yes—I resided at Hertford-place, Kennington, and Jenns moved on to the pre mises at Hoxton—he was paid the 4 l . a week as his salary—he received in cash 2 l . a week, 8 s . a week he was to pay for the insurance, 8 s . a week for the hire of furniture, and 8 s . a week for rent and firing—he hired the furni ture of me, and was to pay 8 s . a week for the use of it—these were the three things specified—the rest was to be left till we came to a balance—he on several occasions borrowed money of me, and that was to be the matter of subsequent settlement—I paid the men that were in possession—there was very little stock in the shop when I commenced, and I bought a quantity of leather, I suppose about 70 l . worth, as near as I can tell—there were fixtures there for preparing this patent japanning, and the oven and all—they were included in this bill of sale—Mr. Rudge was to keep the books, and I in tended at the commencement that Mr. Rudge should receive money—I found that Mr. Jenns had received money, and I asked him the reason—(that was a little after Christmas, 1841)—I said it was the clerk's place to receive money—he said, "There is a discount in the trade, and deduction in the trade; the prices are not all alike, and Mr. Rudge, not knowing the business, cannot do it; and besides, it would make me look so little in the business if I did not collect the money"—up to that time I had not authorised him to receive money—I did afterwards, but he took the first without my knowing any thing about it—I was contented that he should do so, because of the deductions—he was to account for the money so received to me—in my absence, Mr. Rudge, the clerk, took it, and booked it, and accounted for it—he chiefly did it to Mr. Rudge, as I was very little there—this is a settlement of accounts, in the handwriting of Jenns, and this other paper also—( read. )

"Balance of cash account up to August 24, 1842, between William Weedon and George Jenns.

Dr.

Cash £136 15 2

Sundries 56 7 9 1/2

Rent, hire of furniture, firing, &c., at 10 s . per week 40 0 0

£233 2 11 1/2

Cr.

Cash £61 0 0

Promissory note on de mand 172 2 11 1/2

£233 2 11 1/2

Expenses, including rent, taxes, &c. 390 5 2

Cash received by Mr. Jenns 136 15 2

Do by G. B. Rudge 61 0 0

588 0 4

Profit 334 12 6

Minus £253 7 10

"Memorandum. Gave bill, 126 l . 13 s . 11 d ., on demand with interest, 24th August, 1842."

Q. When you found this was the state of the business, what did you say? A. I said, "How is this, that the business loses so much, when you told me it would pay well?"—this was about August, 1842—the reason of this pro missory note for 126 l . 13 s . 11 d ., being in this account, is, I told Jenns I should not carry on business any longer, in consequence of the loss, and he said he was sure there was some errors in the account, and if the business was car ried on he would give me a bill that he would be liable for, as he was certain the business paid and would pay—there is a second bill of exchange, which was given for the difference, Mr. Rudge receiving so much less than Mr. Jenns out of the concern—that bill is 172 l . 2 s . 11 1/2 d .—Mr. Rudge was to receive 4 l . a week also, and Rudge had drawn out, in point of fact, so much less than this amount, and this was to go to the credit side of Rudge if the business had answered, and they had gone into partnership—this other note for 126 l . 13 s . 11 d . is the half of the loss—the account was not settled, and it was drawn as part of the loss, subject to going into the account with Mr. Jenns—he said he was sure the business had paid, and he would give me that bill—these accounts were made between Mr. Jenns and Mr. Rudge; and sup posing it turned out that there had been no loss, then that bill was to have been destroyed, and Rudge and Jenns were to go into the original agreement.

COURT . Q. Then this 126 l . 13 s . 11 d . was assumed as half of the loss?

A. Between them two it was—it never was by me—I took the bill.

MR. DOANE . Q. Did you go into the accounts? A. No, I could never get him to go into them—he repeatedly promised me he would do so—I saw him at the Haberdashers' Arms, I think, in the beginning of November, or the latter end of October—he produced this paper, ( looking at it ,) and said he had received 16 l . 3 s . 2 d . of De Cane and Co.—he deducted 4 l . for himself as his salary, and has charged me for solution, and incidental expenses, which amount to 5 l . 3 s . 2 d .—here is his own signature to it—this was on the 12th of last November—I always paid the rent for the premises, and for the goods that supplied the shop with stock—every thing was in my name—I paid for all the things employed in the manufactory.

HENRY JONES . I live in Houndsditch, and am a currier. I had work done at the patent japan manufactory in Hoxton—I paid the prisoner on the 13th of May this bill of 7 l . 7 s .; on the 9th of July this bill of 16 l . 8 S. , and in Aug., this other bill of 1 l . 7 s .—they are signed by the prisoner.

GEORGE BICKERTON RUDGE . I am the prosecutor's son-in-law. I be came clerk to him in carrying on the japanning business in Hoxton Old Town—I began about Aug. 1841—Jenns conducted the business. I paid him a weekly allowance by Mr. Weedon's order—the first amount, I think, was 3 l . a week, then 2 l .—the principal amount has been 2 l .—it was at one time 3 l . in cash—I paid him generally on Saturday nights—I had a salary of 30 s . a week till within the last four months, and then I had 1 l .—I did not commence having a salary for three or four months—I paid Jenns and myself at the same time—my father-in-law was keeping me and my family—these accounts ( looking at them ) of 61 l . to me, and 136 l . 15 s . 2 d ., and the 172 l . 2 s . 11 1/2 d . that Jenns had drawn more than me, are correct—this is a correct account of what I received, and what I paid to Jenns in cash—I continued to pay him his weekly salary as long as he carried on the factory up to Nov. or Dec. last—I made out the quarterly accounts, the bills, and Mr. Jenns made out the invoices—I made out the bills in the name of "Weedon, late Jenns"—Jenns had nothing to do with making out the quarterly accounts to the customers—I made out the bills up to the end of September—I never made any alteration in them at any time—I did not make out this

account ( looking at it ) this is made out by Jenns—I did not authorize him to make out this account in his own name.

COURT . Q. What is the date of that? A. July 26, 1842—it is made out to Messrs. Jones and Son—I made out an account to them, and put it on Mr. Jenns's desk—it was not made out to Jenns, but to "Weedon late Jenns"—I cannot say whether it was for the same amount as this is, unless I had the small book—here is the book in which it should be accounted for ( looking at it )—he has never accounted to me for this sum of 1 l . 7 s .—on the 13th of May, he has not accounted for 7 l . 7 s . from the same customers—we have no such account here on the 9th, of July—he has not accounted for the sum of 16 l . 8 s .

Cross-examined by MR. BODKIN . Q. Do you remember the execution being put into the prisoner's premises at Hoxton by your father-in-law? A. No; I remember the one at Pentonville; he took possession of his private house there, and I believe obtained a bill of sale from the sheriff—he kept the pro perty perty, and I believe the other creditors got nothing—that was probably a month before the prisoner was made a bankrupt—Mr. Jenns was the person who understood this business, but could not obtain his certificate—I believe there was an understanding that the business should be carried on in Mr. Weedon's name till Mr. Jenns obtained his certificate, but I was not present—it was intended, when he got his certificate, that I should go into partnership with him—I cannot say that it was Jenns's business carried on in the name of Weedon till Jenns got his certificate—the bills that were made out "Weedon late Jenns,"were during the time till he obtained his certificate.

Q. That was before the last quarter; but since that, look at these bills for goods sent in—is not Mr. Jenns charged by all these for articles sent in to the concern? A. Yes, they are so—I think he got his certificate in June or July last year—I presume Mr. Jenns, having been a bankrupt, was a poor man—I cannot an swer whether he took from the business, from time to time, such sums as he required for his support and maintenance—my orders were to pay him so much a week, which was principally 2 l .—I took 30 s . a week—he took out a sum which varied; and there was an overplus of what was paid to him, above what was paid to me, of 172 l .

Q. Was that account taken on this footing, that you looked through the books, and saw what had been taken out of the concern by him, and what by you? A. Yes, just so—it appeared that in the course of the year I had re ceived 61 l ., and he had received 136 l . odd—that was the total amount of cash that he had had from time to time—we first charge him with the total cash he had in the year, and next with sundries, 56 l . 7 s . 9 1/2 d .—these were not articles that had been sent in by Mr. Weedon; for instance, a wash-house was built, and there were ropes, and poles, and fanlights, and other things for the wash-house, for Mr. Jenns's convenience, Mr. Weedon charges him with that, and for the rent, hire of furniture, firing, &c., 40 l .—that is all the items on the debtor side—on the other side is put what I took out, 61 l .; and 172 l . 2 s . 11 1/2 d . by promissory note on demand—in settling this account I was actiug as the agent of Mr. Weedon—the account was settled between Mr. Weedon and Mr. Jenns, and Mr. Weedon then received a promissory note for 172 l .—the effect of that would not be to put me on equal terms, in point of cash, with the prisoner; but that bill, if paid, would make Mr. Weedon and Mr. Jenns on equal terms—having that balance secured by the bill—we then balanced the account from Aug. 1841 to 1842—the account showed a deficiency of 253 l . 7 s . 10 d .; and Mr. Jenns's acceptance was given for one half that loss, which the concern showed.

Q. After the certificate was obtained by the prisoner, do you remember a

conversation taking place as to one person drawing out more than another?

A. Not after the certificate—it was on the settlement of this account—it was then agreed, that, for the future, neither Mr. Weedon nor Mr. Jenns should draw out more than the same sum each, from the business—that was in conse quence of its being found that Mr. Jenns had drawn out so much more than I had, that it would not pay, and it was requested he would take out less—Mr. Jenns took out the 2 l . a week, and I had, for some time, 30 s ., and shortly after 1 l .—since that settlement I and Mr. Jenns have been charged the same amount—since the 24th Sept. we have been charged alike in the cash-book—I have only received 1 l ., but it has been entered in the cash-book 3 l . 4 s .

Q. Do you remember, in Dec. last, some terms of arrangement being pro posed by you on the part of Mr. Jenns to Mr. Weedon? A. Yes, by the re quest of Mr. Weedon—I do not remember Mr. Weedon saying anything about taking away the books on that occasion—I have heard him say he would take away the books—I have not heard him say he would get in all the monies, take the books, and Mr. Jenns might do as he liked—he had it in contempla tion to take the books away—I have not heard him say, he charged Mr. Jenns with felony to frighten him into a settlement—I have heard something of the sort said, in Mr. Weedon's presence, by Mr. Hobler, the attorney for the pro secution—he certainly said, that by putting him into prison he would then come to terms—he did not at the same time tell him that Mr. Jenns was his partner, and there was no pretence for calling this embezzlement—I cannot say that Mr. Weedon said nothing of that sort—Mr. Hobler said, by putting him in gaol he should bring him to some terms—this was at Mr. Hobler's office, a week or ten days previous to the prisoner's being taken up—Mr. Hobler is not my father's regular attorney—he has got half a dozen—there is a Mr. Dixon who advises him—I think Mr. Dixon was nor present at this conversa tion—I had been present before, when this was the subject of conversation—I certainly have heard Mr. Dixon tell my father-in-law that Mr. Jenns, on his own statement, was a partner.

MR. DOANE . Q. You said there was some sundries, which were for a wash-house for Jenns? A. Yes—what we were to take out was on account of our salaries—I and Jenns were to take out equal portions since September last—that was for salaries, of course—in the first instance I paid Jenns 3 l . a week—I think that was for two or three months, and then another sum—he some times times drew out 10 s ., and I had to pay him 10 s . less—I had authority to pay him 2 l . a week—I never made out any account, either before or subsequent to his obtaining his certificate, in the name of Jenns, but always "Weedon, late Jenns"—if any such account was made out to Jenns, it was not with my knowledge.

JOSEPH CHARLES KING . I am an auctioneer and appraiser—I collect debts—I am acquainted with a person named Turner—in December last I was in possession of an "I O U," and I have it now—I took it one day in Dec. to Mr. Jenns's premises, in Hoxton Old-town, and I had waited on him many times prior to that for the payment of it—this is it ( producing it )—it was for a Mrs. Gaunt, who is now Mrs. Turner—I saw the prisoner when I called—I said 1 had waited on him for the sum of 3 l . from Mr. Turner, for his wife—he said he was very sorry, he was only a weekly servant, receiving 30 s . a week, and it was impossible for him to pay it out of that, but he would pay it when he got his certificate—I am not aware whether it was dated before his bankruptcy.

WEBSTER FLOCKTON . I live at Horsleydown, I am a turpentine manu facturer facturer—I had dealings with Mr. Weedon, at Hoxton Old-town—I saw Mr. Jenns there several times—these papers ( looking at them ) are written by a person in my office—Mr. Weedon's name is to them—the acknowledgment

of the goods is by George Jenns—these letters are addressed to me, signed by George Jenns—my carman received them from him—my dealings were with Mr. Weedon, up to the present time.

GEORGE BICKERTON RUDGE re-examined. The signature to these letters is Mr. Jenns—( read )—"Gentlemen, please to send, to-morrow morning, two pipes of best linseed-oil; Mr. Weedon will take an early opportunity to call on you and settle. For Mr. Weedon. GEORGE JENNS ."—"13 Aug. 1842, Mr. Weedon will thank Mr. Horton to send one pipe of best old lin-seed-oil, for Mr. Weedon George Jenns."

JAMES BRANNAN ( police-sergeant G 20.) I took the prisoner into cus tody tody on the 16th of December—after I had him at the station I took him to his own residence, in Hoxton Old-town—I told him I went there to search for books and papers relating to the business—he said, "You are quite wel come to search, but you can save yourself the trouble; I expected this; I am quite prepared; I removed the books and papers connected with the bu siness some days ago, some miles into the country."

MR. BODKIN to MR. WEEDON . Q. I want to know what the 500 l . that was due to you consisted of, was it bill transactions, chiefly discounting bills? A. Yes.

NOT GUILTY .

There were three other indictments against the prisoner, on which no evi dence was offered.

719. JEREMIAH MAHONEY , DENNIS MAHONEY , PATRICK M'CARTHY , and CORNELIUS DONOVAN , were indicted for stealing, on the 27th of January , 1 cask, value 1 s .; and 300lbs. weight of pitch, 26 s .; the goods of the East and West India Dock Company ; from a certain quay, adjacent to a port.—2nd COUNT , stating them to be the goods of William Phillips and another.

ROBERT TAYLOR . I am constable of the East and West India Dock Company. On the 27th of January, I saw the prisoners at the Export-gate of the East and West India Dock with a truck—Dennis Mahoney gave me a pass for a quantity of old broken wood and hoops, and empty tins, &c.—I examined the truck, and found, under the wood, a barrel of pitch—I asked Jeremiah Mahoney what it was, he said it was an old empty cask—I sounded it, and said it was not empty—Jeremiah Mahoney said, "No, it has got a little bit of pitch in it"—I found it was full of pitch—I said, "How do you account for this? there is no pass for a barrel of pitch"—he said, "No, I can't read, but it is included in the &c."—I said, "They would never give you a pass without including the pitch"—M'Carthy and Donovan said they knew nothing of the circumstance, but they were employed by the two Mahoneys.

D. Mahoney. When I brought this pass, you asked what this was, I said, "I don't know the contents of it; I have been employed by my bro ther to assist him to get this wood and rubbish out;" you over hauled this wood, and said, "Alexander's name is to this piece," and I said, I believed it was. Witness. He did not say he had been employed by his brother—I did not tell him to go and bring Alexander to me—Mr. Alexander came up by accident—when the other two said before the Magistrate that they had been employed—he said, "And so was I also"—that was the first time he mentioned it.

WILLIAM ALEXANDER . I am a wharfinger in the East India Dock—Captain Gilmore left this pass with me for taking away the rubbish left on the quay from the William Jardine , which was the captain's property—D. Ma honey came to me for the pass on that morning—I saw the truck loading and

there were some men, but they were too far off for me to distinguish them—there was a cask of pitch on the quay the day before, about ten yards from the stuff of the William Jardine —soon after these men were stopped—I went up—the constables said, "Do you know anything of this cask of pitch?"—it was then in the truck—I suppose it was the one that had been on the wharf, as that was gone.

J. Mahoney. I came to you and said, "Mr. Taylor says there is some thing thing wrong, and you are wanted to rectify it"—you took it and said, "Tell Taylor there is nothing wrong, but the captain could not enumerate all the particulars; tell him the '&c' will do for all the things." Witness. Yes, you did.

J. Mahoney. Then you came up, and talked to the officer, and denied every thing that you had said; and said you had done a great deal of favour for me to get this pitch barrel, and you expected I would reward you for your trouble.

D. Mahoney. You saw me lending a hand to load the truck, and you called me to the door of your box, and handed me this pass—I said, "Is this pass right?" and you said, "Take this to the gate, and give it to the officer, and it will do for the ship, if that is all."— Witness. Yes, I did—I said, "That will pass the ship;" and when I came to the gate Taylor had it.

JOHN GILMORE . I am owner of the William Jardine. I had employed J. Mahoney to stow the ship—she had left some rubbish—J. Mahoney came and asked me for the rubbish—I told him I should be going to the dock to find some things that were of no use—I selected what he was to have, and put the remainder in charge of the officer—I observed a barrel of pitch at a distance, and asked J. Mahoney if it belonged to the ship—he said, "No, it belongs to the Scotia "—I wrote a pass, and left it with the wharfinger—I am not able to say if the barrel is the one I saw before.

ROBERT TAYLOR re-examined. The cask was full—I could touch it with my finger—there was 280lbs. of pitch, allowing 2qrs. 23lbs. for the cask—it was claimed by Messrs. Phillips and Tiplady.

THEOPHILUS WESTHORPE . I met with Capt. Gilmore at hit office, and he told me a person he had employed had taken a cask of pitch of the Scotia —the ship had been in my charge, and I directed it to be put on shore, that the ship might be cleared, and I saw it on shore—it was a part of the Scotia's stores, and belongs to William Phillips and William Tiplady.

J. MAHONEY — GUILTY . Aged 50.— Confined One Month .

D. MAHONEY — P. M'CARTHY — DONOVAN — NOT GUILTY .

Sixth Jury, before Mr. Common Sergeant.

720. JOHN READ and JOSEPH LUTMAN were indicted for stealing, on the 5th of Jan ., 2 sacks, value 3 s .; 4 bushels of beans, 15 s .; and 4 bushels of split beans, 15 s .; the goods of John Austin , the master of Read. 2nd COUNT , stating them to be the goods of Joseph Trumper , the younger.

MESSRS. CLARKSON and WILDE conducted the Prosecution.

JOHN AUSTIN . I take in corn to grind, and live at Cowley Mill, Hilling don, near Uxbridge. On the 5th of Jan., I gave Otway directions to watch—I know Lutman—he had not any beans at my mill on the 31st of Dec.—I took stock that day in the usual way, and there were none there—Trumper is a customer of mine—on the 30th of Dec. he sent five quarters of beans there, in ten sacks, which were principally, if not all marked, "Saunders, Kew-bridge"—Read helped to unload them—I asked him whose they were, and he said Mr. Trumper's—I afterwards saw some beans in custody of Otway—as far I could judge, the whole beans were the same as Mr. Trum per

sent, the split beans I will not swear to—the sack had the same marks on them, "John Saunders, Kew-bridge."

Cross-examined by MR. DOANE . Q. Did you see these sacks of Mr. Trum per's come? A. Yes, ten came that time, but some more came after—I can not tell all the names on Trumper's sacks—they were principally marked "Saunders, Kew-bridge"—Read was what we call "stoneman," and he was to lend a hand to load or unload them—he had been in my service twenty-one years—it was market-day at Uxbridge, on Thursday—it was my custom to go there, leaving home about twelve o'clock, and returning about three.

CHARLES OTWAY . I am an inspector of police, stationed in the neighbour hood of Hillingdon. On Thursday, the 5th of Jan., I went to Mr. Austin's mill with a sergeant and a constable—I got there about twelve o'clock—Mr. Austin had then gone to market—I waited till half-past one—I then saw a horse and cart driven by Lutman come down the Green-lane, into the Green-man-road, leading to Mr. Austin's mill—I saw him go to the mill with his horse and cart—he got out of the cart, and went to the mill-door—I could not see from where I was placed, whether he went in or not—in a few minutes he came out, and took his horse round to the window, at the end where they deliver goods—after a few seconds the aft-door was opened, and a miller came to the door—Lutman was in the cart, and received a sack full of something, placed it at the bottom of his cart, and then received a second sack full of something—he then took an empty sack, laid it upon the top of these sacks, and drove off, not in the same direction that he came, but still that was through Cowley, the main-road, to his home—he had not come the main-road—directly I saw him drive away from the mill, I ran after him, and overtook him—I laid hold of his cart, and said, "Lutman, what have you in your cart?"—he said, "Beans"—I said, "What quantity?"—he said, "Two sacks, one of split beans, and one of whole beans"—I said, "You have just got them from the mill, have you not?"—he said, "No, I received the sack of split beans at the mill, but the sack of whole beans I brought with me in the cart"—I got on the cart, and took him—I told him he need not say any thing to me, I should have to mention it again—we rode some distance, and before we got to the station he said, "I don't mean to say that I took the beans to-day to the mill; I took the two sacks there some days ago to be split, and to-day, finding they had not split both sacks, I brought them away"—on opening them at the station, I found one sack of whole beans, marked "John Saunders," and the other of split beans, marked "Bourn, Brentford"—this is a sample of split beans from Mr. Austin's mill—here are the split beans and the whole beans I found in Lutman's cart, and there were a few small black beans at the mill, but none of these sort.

Cross-examined by MR. BODKIN . Q. Was there another wagon at the mill at the time? A. No, there was a horse and cart there, and a man with it—I also saw Mr. Biggs there—he is a relation of Mr. Austin—Lutman's cart was at the place where goods are always delivered from the mill—the door opens, and lets the goods out—there are several floors to the mill, and there is a mode up stairs to let goods down from the upper floors to where these were loaded.

HENRY BIGGS . I am a farmer, and live at Beaconsfield. I was watching at Mr. Austin's on the 5th of Jan.—I was in his counting-house from eleven till half-past one—I saw Lutman drive a cart to the mill-door—he came into the mill a short time, then went out, and drove to a loading-window, where they are in the habit of receiving corn from the mill, and there I saw Read deliver two sacks to Lutman, and he drove away—Otway stopped him when he got two or three hundred yards—I afterwards saw Lutman with Otway—I

did not hear Lutman say any thing—I heard Read say he had delivered one sack of split beans to Lutman.

Cross-examined by MR. BODKIN . Q. Where is this counting-house? A. It adjoins the mill, and the window of the counting-house is about three yards from the mill-door—I was at the window, when I saw him walk into the mill—I then ascertained what it was—I came out to see whether he drove to the loading-window—I was looking out down to the time he went to the mill—there is no door goes into the counting-house out of the open air—I came into the passage then—I can get into the counting-house without going into the mill, and go from the counting-house to the mill without going out of doors—I was not out on the bridge during some part of the time—I was about ten yards from the bridge under the pretence of shooting pigeons—I did not shoot any thing—Lutman certainly could not see me.

Cross-examined by MR. DOANE . Q. What was your father? A. A miller.

RICHARD ROADNIGHT ( police-sergeant S 11.) I was in company with Otway at the mill—I saw Lutman going in—when he came up first, he got out of his cart, went into the mill, came out, got into his cart again, and then put the cart under where they load the corn—I then saw the miller put out a sack full of something, then a second sack, and then Lutman drove off to Cowley, in a different direction to what he came—I afterwards went into the mill, and there found Read—I asked what he had loaded into Lut man's cart—he said, "A sack of split beans"—I said, "What else?"—he said, "Nothing"—I said, "Are they booked?"—he said, "I don't know"—I said, "You must go with me to the station"—he turned, and went through the mill—I followed, and took him into custody—he afterwards said he was innocent, and acted under Smith, the foreman's directions; that he told him to load a sack of split beans if he came for them, but he was no scholar.

HENRY SMITH . I was servant at Mr. Austin's mill—there is no fore man there named Smith—I was employed there on the 5th of Jan.—I did not give directions to Read to put any split beans into Lutman's cart.

Cross-examined by MR. BODKIN . Q. Are you still in Mr. Austin's ser vice? A. No, I left last Saturday three weeks—I was examined before the Magistrate, and bound over as a witness—if things were brought to the mill to be ground, and I was present, it would be my duty to book them; but if I am absent, and men take them in, it is their duty to tell me of it—I was not in the mill at the time this happened, I was gone to dinner—all the men were gone to dinner, but Read and two boys—the man that takes the goods delivers them to the customer, and he pays the money on Saturday night—there have been complaints of things not being entered, till such time as persons have come after them, during my absence—Read's business was to attend to the stones of the mill—he generally delivered as much corn as other persons—a sack of beans have been found in the mill, but who they belonged to I do not know—they were whole beans, similar to these—the name of "Saunders" was on the sack—that was after Mr. Trumper's beans had been sent away—people do not always have their own sacks, out of a lot of a dozen, things get put into other sacks—I never received any money from Read—I have been called into the counting-house on Saturday night, when Read has been there paying for grist, and he has perhaps had more money than he could tell who he received it from.

MR. CLARKSON . Q. How soon after this robbery were you discharged? A. On the Saturday night after—I had not been told before this Thurs day that I was to be discharged—I asked Mr. Austin what I was dis charged for, but he has not told me yet—I have not seen either of the pri soners or their friends since I have been discharged, nor have I written

to them—I saw Read's brother walking in the street to-day but I did not talk to him.

COURT . Q. Did you ever give Read directions to put beans not split in Lutman's cart? A. No; I did not know or expect he was coming.

WILLIAM TRUMPER . On the 30th of Dec. I had five quarters of beans at Mr. Austin's mill, for the purpose of being split—I sent five quarters more for splitting on the 3rd of Jan.—On the 4th I received twelve sacks, but the quantity is indefinite—when they are split it increases the bulk materially—these split beans that are here I can say nothing about, but these whole beans I can swear to them—I weighed the beans, and allowing 80lbs. for the loss of splitting, there was a deficiency of upwards of 500lbs. in the ten quarters—two sacks of split beans will weigh 474lbs.—I will swear to those beans that were taken from Lutman's cart.

(Read received a good character.)

READ — GUILTY . Aged 45.

LUTMAN — GUILTY . Aged 55.

Confined Nine Months .

721. THOMAS WELLS was indicted for stealing, on the 8th of Dec ., six stoves, value 8 . ; 2 dressers, 8 l ., 1 range, 4 l .; 20 wooden shelves, 1 l . 10 s .; 10 pieces of mahogany, 1 l . 10 s .; 1 closet, 15 s .; 2 safes, 15 s .; and 5 pieces, 10 s ., the goods of Richard Young , and fixed to a certain building; and 1 glazed shop-front, value 5 l .; 10 blind-rollers, 20 s .; 10 lathes, 10 s .; 1 wooden partition, 3 l .; 2 wooden posts, 10 s .; 2 chimney-boards, 5 s .; 1 stall-board, 5 s .; 1 shutter, 5 s .; 10Ibs. weight of iron, 26 s .; 1 stool, 2 s .; 1 ladder, 2 s .; 1 door, 1 s ., and 2 iron bars, 3 s . 6 d .; the goods of the said Richard Young .

MR. WILDE conducted the Prosecution.

RICHARD YOUNG . I am not in business. I live at No. 3, Wells-row—I have an empty house belonging to me in Somers-place, New-road—there were fixtures consisting of stoves and other things, to the value of 40 l .—I saw them safe on the 25th of Nov., when I gave the key of the house to the prisoner—on the 20th of Dec. I went there, and the fixtures were gone—I had not entered into any arrangement with the prisoner about letting the house—the agreement I entered into with him was, that he would deliver up the key to Mr. Gurney, my landlord, when he received orders from me—I saw part of my fixtures on the prisoner's premises on the morning of the 20th of Dec.—they were the six stoves and the other articles stated in this indictment—the prisoner was not there then, and I left the premises—I went there a second time with a policeman—I saw the fixtures—the prisoner came and told me to walk in a little room, and he would arrange matters—I refused, and gave him in charge.

Cross-examined by MR. BODKIN . Q. You are of no trade? A. No, nor have I been for two years—I have been a grocer—I have a small income, sufficient to keep me in this country—I went to France—I had this house of Mr. Gurney at 74 l . a year—it had not fallen in value, it had rather risen—I wished to get rid of the lease—in the spring I should have been obliged to part with it, being about to leave England—I tried to make arrangements with Mr. Gurney to take the lease off my hands—I could not arrange it—I then went to Jersey, and from there to France—I did not expect when I went that Mr. Gurney would issue a writ against me—I only owed him a quarter's rent, which was 18 l . 10 s .—I went to Jersey for pleasure—I did not pay Mr. Gurney before I went—had he made the demand I should have paid him—it had only been due about six weeks—it was payable quarterly—I did not apply to the prisoner to take charge of the house and make terms with Mr.

Gurney for me, the application came from the prisoner himself—he was a house-agent—I do not know whether he carries on business now—I do not know a person named Page—I did not know a person named Dowelswell till he was called as a witness—I have seen him, but I could not swear to him—( looking at Page )—I never saw him in my life till I was subpœnaed, and then wherever I went he has been following me—( looking at Mr. Dowdswell )—that is the gentleman that used to be working in the shop—I never saw Mr. La timer or Mr. Stedall before ( looking at them ) to my recollection.

Q. When you were going out of England, and had failed in making Mr. Gurney take your lease off your hands, did you not give the key to the pri soner, and, in presence of these men, give him leave to make any arrange ment to take the lease off your hands? A. No; there was no one present when I gave him the key—I never gave him authority to go to Mr. Gurney, or to take any steps; he was only to hold the key till he heard from me—he was to receive a sovereign for his trouble in delivering up that key—I had a brother living in Islington.

Q. Tell us why you should give a sovereign to a broker and house-agent to deliver up this key, when you had a brother who would have done it for nothing? A. Because Mr. Gurney would not accept of the lease, because he thought my brother and my father-in-law were responsible—he thought my brother was a partner with me, and he would not let me off the lease—my in tention was to give the key to a neighbour—the prisoner said, "Why not give it to me, and let me earn a sovereign as well as any other person?"—I do not think my brother or my father-in-law, Mr. Becket, would have taken any trouble for nothing—the prisoner carries on business at Ratcliffe-terrace—he keeps a shop with folding-doors—I never was there but twice; once he left me at his door, and once he asked me into the parlour—when I went and saw my goods the doors were open—it is a large shop, but many people have large shops with little in them—about 10 l . would have bought all that was in the shop, except my fixtures—when I went the first time I think I saw Mr. Dowdswell—I went a second time, and gave the prisoner in charge—I never went a third time till after the examination—I took him to Wor ship-street—the Magistrate called on him to find bail, and he has surren dered.

WILLIAM KNIGHT ( police-constable G 191.) Mr. Young gave the prisoner into my custody, at his own house, on the 21st of Dec.—in going along the prisoner owned to me that it was a bad job, he said he knew he had done wrong, he knew he bad committed felony.

Cross-examined by MR. CHARNOCK . Q. How many times did he say he had committed felony? A. More than once, twice, or thrice—he said it four times.

COURT . Q. Did he say he had committed felony against Mr. Gurney? A. He did not say who he had committed it against.

Witnesses for the Defence.

EDWARD GRANGER . I am a master bricklayer. I was employed by the prisoner in Dec. to remove some fixtures from a house in Somers-place—I removed them about one o'clock in the day—there were four persons engaged with me—I had a van there, and my name was on it—I removed two van loads—the prisoner was there about eleven o'clock that morning—he desired me to take these things to his place, and to take them out carefully, not to destroy the place—I took them out as carefully as I could with the assistance of the other men—it was done openly, and in public—there were six-inch letters on the sides of my van—I have known the prisoner about eighteen months—I

had some dealings with him—he always behaved honestly to me—he lived-in Goswell-street-road.

MR. WILDE . Q. What was the value of the fixtures? A. When they were in they might be worth 25 l . or 30 l .

MR. BODKIN . Q. I suppose when pulled down they would not be worth one-third of that? A. I should not have given 10 l . for them then.

RICHARD DOWDSWELL . I was in the prisoner's employ in Dec. last, and have been so about twelve months. He is a house-agent and broker—I saw Mr. Young at my master's place in November last—I heard him tell my master he could not get Mr. Gurney to take the lease off his hands—he said he was going away, that he had a house at Somere-town, that he wanted to give up the key and the lease, Mr. Gurney would not accept of that, and he wanted Mr. Wells's advice and assistance—the last time he came he said he wanted him to do the best be could, and he would give him the key.

MR. WILDE . Q. When was this? A. About the end of November—there was a man present the last time whom Mr. Wells occasionally employs—he gave these instructions in the hall, in front of the house—there is a hall before the sale-room—Mr. Young did not come into the house at all on the last occasion, when he gave him instructions as to where he would meet him and give him up the key—Latimer was present, and no one else—the first in terview between my master and Mr. Young was at the latter end of November—I do not know the day.

MR. BODKIN . Q. After the things were brought to your master, did some persons want to buy some of them? A. Yes, and I refused to sell them by my master's instructions.

NOT GUILTY .

722. WILLIAM SCULTHORPE and MICHAEL FINN were indicted for stealing, on the 28th of Jan ., 1 shilling, and 4 pence, the monies of Solo mon Worms , from the person of Mary Ann Worms .

THOMAS WOODRUFF . I am an inspector of the City Police. On the 28th of Jan., about half-past seven o'clock, I was in College-market, Warwick-lane—I saw the prisoners standing behind Mrs. Worms—I saw Finn put hit hand into her pocket, and take out something—Sculthorpe was covering him—as soon as Finn dropped the pocket, Sculthorpe said, "Come let us go, and not stand to be pushed about here"—I immediately seized them, and had a scuffle with both—Finn threw himself on the ground and got away, but he did not get above two yards before I took him again—I then spoke to Mrs. Worms—I am quite sure the prisoners are the persons—I was close behind them, and touched them when Finn put his hand into the pocket—I was watching them—I had seen them come into the market, and I turned back and went after them.

Finn. Q. Was not the market crowded? A. Yes, but there was nobody between you and me—I am quite sure I saw your hand go into her pocket—you took something out, but I could not see what—I saw the pocket move, and saw the bottom of the pocket in your hand.

MARY ANN WORMS . I am the wife of Solomon Worms. The officer asked me if I had lost my money—I said, "No"—I was then standing at a but cher's shop disputing about a bit of meat—I put my hand into my pocket, and found one shilling and four penny-pieces gone—I do not think this was two minutes after I had had that money safe.

Finn. Q. Did you not say you did not see it for a quarter of an hour before? A. I did not indeed—two or three minutes before I was counting my money—I do not think there was time for another person to jack my Pocket.

THOMAS WOODRUFF re-examined. I found 9 1/4 d . on Sculthorpe, I found no shilling.

SCULTHORPE — GUILTY . Aged 18.— Confined Three Months .

FINN *— GUILTY . Aged 19.— Confined Nine Months .

NEW COURT .— Saturday, February 4 th , 1843.

Sixth Jury, before Mr. Common Sergeant.

723. JOHN HEAD was indicted for stealing, on the 31st of Jan ., 1 1/2 pint of wine, value 2 s .; and 1 bottle, 2 d .; the goods of Henry Keys , his master; to which he pleaded

GUILTY .— Confined One Month .

724. CHARLES GROVES was indicted for stealing, on the 31st of Jan ., 6 memorandum books, value 3 s . and 24 clasps, 2 s .; the goods of Anselm Brown , his master; to which he pleaded

GUILTY .— Confined One Month .

725. ALFRED STEVENS was indicted for stealing, on the 23rd of Jan ., 2 1/2 bushels of split peas, value 1 l .; and 1 sack, 2 s .; the goods of Edward Atkins ; to which he pleaded

GUILTY . Aged 20.— Confined One Month .

726. WILLIAM GILBERT was indicted for stealing, on the 1st of Feb ., 22lbs. weight of coals, value 3 d ., the goods of Thomas Bonfield and another; to which he pleaded

GUILTY .— Confined Ten Days , and Whipped.

727. JAMES GRIFFITHS was indicted for stealing, on the 26th of Jan ., 4 spoons, value 3 l .; and 2 forks, 10 s .; the goods of Francis Blaber ; to which he pleaded

GUILTY . Aged 26.— Confined Four Months .

728. JOHN FOGGERTY , JAMES CRAIN , and WILLIAM CAR RALL , were indicted for stealing, on the 27th of Jan ., 288Ibs. weight of lead, value 2 l ., the goods of Benjamin Bond Cabbell, Esq., and fixed to a building, &c.—2nd COUNT , not stating it to be fixed; and that Foggerty and Crain had been before convicted of felony.

MR. CLARKSON conducted the Prosecution.

WILLIAM ROSS ( police-constable D 157.) A few minutes before nine o'clock, on Friday evening, the 27th of Jan., I was in plain clothes, in the New Road, near Lower Lisson-street—the prisoners were all three standing together, about a dozen yards up Lower Lisson-street—they were talking together—I went up Lower Lisson-street to meet them—they separated about a yard apart, and came to meet me—I went on, and passed Crain, who came first—I then passed Carrall, with this piece of lead on his left shoulder—it was not a dozen yards from Mr. Cabbell's house, which is No. 14—I turned sharp round, and followed Carrall—Foggerty was behind me—Crain got first to the New Road, looked right and left, and then beckoned Carrall to come on—Crain went towards Homer-street, to the left, and Carrall went straight across—Foggerty said to me, "Master, what is it o'clock?"—I crossed, took hold of Carrall, and said, "What are you going to do with that lead?"—he said, "My mate behind just picked it up, and I am going to take it to the sta tion-house"—I took hold of him, he dropped the lead, I sprung my rattle, and the others ran away—Crain towards Homer-street—I did not see where Foggerty went—I took Carrall to the station—shortly after another officer brought in

Crain—Carralle then said that Crain had picked it up—" No," said Crain, "I did not; it was the other picked it up, who is not here"—in halt an hour afterwards Foggerty was bronght in—I am positive he was with the others, and said, "Master, what is it o'clock?"—I went back about half an hour after, and saw some mortar disturbed at No. 14, Lower Lisson-street, on the wall, by the side of the door—that attracted my attention to examine further—I waited till the constable came up—I knocked at the door, and a female an swered me—I ultimately went on the portico, and discovered a lot of lead had been removed—this piece of lead, which I took from Carrall, was folded in the same form as it is now, but I unfolded it to match it with the lead—there were three pieces of lead remaining on the portico—they had been folded, but have been unfolded since—I unfolded the three pieces and the one I took from Carrall, and applied them to the portico, and the whole four pieces formed the whole of the cover of the portico—there was no doubt about it, and it had been recently cut—I live in a house nearly opposite No. 14, and saw this lead was perfectly safe at four o'clock that afternoon—I put my head out when my bell rang, and saw the lead.

MATTHEW RIERDON ( police-constable D 135.) About nine o'clock that night I heard the rattle sprung—I went in the direction, and saw Crain run ning along the New Road—he turned into Homer-street—I cried, "Stop thief," and sprung my rattle—I was in plain clothes—I saw him stopped in John-street by a policeman in uniform—I had not lost sight of him—as soon as I took him he said, "I have done nothing; I don't know what it is"—I said, "You must come back with me; I don't know what it it, but perhaps we shall find out"—he tried to get his hand into his jacket pocket—I said, "Keep your hand out"—I put my hand into hit pocket, and found this chisel, which ap pears to have been very sharp, but the edge is turned by using it—it would have taken a very considerable time for one man to have cut these four pieces of lead from the portico, and to roll them up—at the station Carrall pointed to Crain, and said, "He picked it up, and gave it to me"—Crain answered, "It was not me, it was the one not here."

HILL BECK ( police-constable D 127.) I took Foggerty about nine o'clock at night, on the 47th of Jan., at his mother's room in Holles-street—I said I wanted him about some lead—he said, "Very well, I will go with you"—when we got to John-street, I asked him if he knew Carrall and Crain—he said "Yes, I was with them this afternoon"—he then said, "This is a rum job, is it not?"—I took him to the station—I found in his mother's room such a jacket as he used to wear—I went next morning to the portico, and saw the lead had been removed—there is 288lbs. of it.

BENJAMIN BOND CABBELL, ESQ . I live in Brick-court, Temple. The house, No. 14, Lower Lisson-street, is my property.

Carrall's Defence. There was a gentleman and five or six people standing together; this lead laid against the lamp, against the old chapel; they told me to take it to the station, and I might get 1 s . to get a drop of beer; I turned the right way to the station, and met this officer; I told him how I got it.

WILLIAM ROSS re-examined. He never told me so.

HENRY SAUNDERS ( police-sergeant D 26.) I produce a certificate of the conviction of Crain, by the name of James Geer, which I got from Mr. Clark's office—( read )—Crain is the person I then saw tried and convicted.

THOMAS HARRISON . I was a sergeant of police. I produce a certificate of Foggerty's former conviction, which I got from the Clerk of the Peace at Clerkenwell—( read )—he is the person who was then tried by the name of John Winter, which is his right name.

FOGGERTY — GUILTY . Aged 18.

CRAIN — GUILTY . Aged 19.

Transported for seven Years .

CARRALL — GUILTY . Aged 18.— Confined Six Months .

729. FREDERICK WILLIAM ROBERTSON was indicted for steal ing, on the 8th of January , I handkerchief, value 1 s .; 1 knife, 6 d .; and 1 purse, 6 d .; the goods of William Bryant : and 5 watches, value 7 l . 15 s .; 1 eye-glass, 5 s .; 1 coat, 1 l . 10 s .; 1 waistcoat, 7 s .; and 1 handkerchief, 2 s . 6 d .; the goods of Sarah Avila , in her dwelling-house.

MR. WILKINS conducted the Prosecution.

JOSIAH BENJAMIN AVILA . I live with my mother, Sarah Avila, a widow, in Mile End-road, where she carries on the business of a pawnbroker—the prisoner lived as shopman in her warehouse for about two years, and has left for three years. On Sunday, the 8th of Jan., Sarah Gale, our servant, gave me information, when I returned from chapel, about one o'clock—I went to the station for a police-constable, and went with him over our premises—we have four warehousemen—in the second warehouse I found a ticket for a coat, and a ticket for a pair of hose on the window-seat—they related to articles which had been pawned at our shop—several of the bundles had been disturbed, and I missed a silk handkerchief from one of them—I went into the shop, and missed three watches from the plate-board; and ultimately I missed eight more watches from the drawer under it—this shop is connected with my mother's dwelling-house, and is in the parish of St. Dunstan, Stebonheath, or Stepney—altogether I missed eleven watches, which were worth abont 22 l .—the bolts of the door which opens from the shop into the street, had been drawn, and it was only on the latch—the garden at the back of our house is next door but one to the Vintners' Alms-houses—there is a wall between our garden and the Vintners'—a person could easily get over that wall and into our garden—the back door of our house is usually unfastened after day-light, and was unfastened that day—when we receive property in pledge, it is en tered in a book, which is in my writing—I have referred to it, and the pro perty which is here produced, exactly corresponds with it—this knife, purse, and handkerchief belonged to William Bryant, who is in our employ, and the other things were in pledge at my mother's—I know these four watches—I have compared them with the description we have of them—they were in our house on Sunday, the 8th of Jan.—on the Saturday following I went to Mr. Hall, a pawnbroker, and saw the prisoner there—he had on a coat, a waistcoat and a handkerchief, which I believe to be those lost from our ware-house—they were just like them—I have no doubt they were them, but I could not swear to them.

WILLIAM RALPH YOUNG ( police-sergeant K 9.) On Sunday, the 8th of Jan., I went to the prosecutor's premises, and on the Monday went over the premises with the shopman—I had some clothes which had been left behind by the person, and the shoes—I took the shoes into the garden, and one foot mark that was there corresponded with them, but others had been so trodden on that I could not trace them—these shoes have been tried on the prisoner's feet, and fit him exactly, and so do these clothes, except the trowsers, which are about an inch too long, which it may be seen was the case with the per son who wore them, as they are all mud at the bottom.

ABRAHAM POUND . I live with Mr. Arnold, a pawnbroker, in Shoreditch. I have a watch which was pawned by the prisoner on the 9th of Jan., for 17 s ., in the name of Thompson or Johnson—I am quite sure it was him—I was present when he pawned it.

GUILTY .† Aged 18.— Transported for Ten Years .

730. THOMAS SHAW was indicted for stealing, on the 24th of Jan ., 2 printed books and case, value 7 s ., the goods of John Diprose .

THOMAS HOWELL . I am shopman to John Diprose, who has a book-stand

in Covent-garden. On the evening of the 24th of Jan., about a quarter be fore eleven o'clock, I was getting the books to rights, I heard a footstep be hind me—I turned, and saw the prisoner in the act of taking this case of books from the stand, and putting them under his coat—I told him to put them down—he did not—I followed him round to the back of the stand, and asked him for them—he said he had not got them—I found them about two yards from where he was standing, and five sr six yards from where they had been taken.

GUILTY . Aged 28.— Confined Three Months .

731. WILLIAM SPRINGATE and WILLIAM THOMAS were in dicted for stealing, on the 21st of Jan ., 2 handkerchief, value 7 s . 9 d ., the goods of Thomas Carter .

MARIA CARTER . I am the wife of Thomas Carter, haberdasher, Cumber land-market. On the 21st of Jan., Springate came to the shop to inquire the way to Camden or Kentish-town—after he was gone I missed two silk handkerchiefs which had hung on a line in the shop—I had seen them safe about a quarter of an hour before—I went out, and saw the two prisoners five or six yards from the gate—I put my hand on Springate's shoulder, and said, "You have got my handkerchiefs"—he said to Thomas, "Give them to her"—Thomas took them from his waistcoat and threw them down—these are them.

Thomas. A boy came and asked us the way to Camden-town, and said he would give us a handkerchief a-piece, and he did.

(Springfield received a good character.)

SPRINGFIELD — GUILTY [Recommended to mercy. See original trial image.] . Aged 17.

THOMAS — GUILTY . Aged 17. Recommended to mercy.

Confined Three Months .

732. ROSANNA ROGERS was indicted for, stealing, on the 22nd of Jan ., 2 pairs of shoes, value 9 s .; 1 bonnet, 3 s .; 4 sovereigns, 8 half-crowns, 10 shillings, 8 sixpences, 12 pence, and 12 halfpence; the property of John Nelson , her master.

URSULA NELSON . I am the wife of John Nelson; we live in Bower-street, Commercial-road. The prisoner had been in my service for ten days—on the 22nd of Jan., I was at chapel from six o'clock till eight in the evening—I left her at home—when I came home I found the key of the street-door outside, and the prisoner gone—I missed the articles and money stated in this indictment, from a cupboard in my bed-room, which had been unlocked and locked again—the prisoner surrendered herself to an officer, on the Wed nesday week—I had taken her from a refuge belonging to the Society of Friends.

WILLIAM DEVONSHIRE ( City police-constable, No. 237.) On the 1st of Feb., the prisoner called to me, and said she wanted to give herself up, as she had robbed her mistress of five sovereigns, in Bower-street, Commercial-road—I took her to the station, and then went to her master.

GUILTY . * Aged 21.— Confined One Year .

733. MARY MURRAY was indicted for stealing, on the 25th of Jan ., 1 bottle, value 3 d .; 1 quart of wine, 3 . ; and 3/4 of a pint of gin, 1 s .; the goods of Richard John Moscrop , her master.

ELIZABETH MOSCROP . I am the wife of Richard John Moscrop—he keeps the Green Man, Covent-garden—the prisoner was our servant—about two o'clock, on the 25th of Jan., I found her drunk in the coal-cellar—she came afterwards into the tap-room—I perceived something at the back of her gown, and found a bottle of port-wine there—I found the gin in the place where

she ought to wash dishes—that might not be mine, but I can swear to the bottle of wine—it had been in the cellar, and she could get access to it by abstracting the key from its place, but she had no right there.

Prisoner. I do not know how the bottle came there.

GUILTY . Aged 24.— Confined Three Months .

734. CHRISTOPHER GARDNER was indicted for stealing, on the 28th of Jan ., 2 pairs of boots, value 10 s ., the goods of Abraham James Brook .

ABRAHAM JAMES BROOK . I live in Albion-place, Holloway-road. On the 28th of Jan., about half-past two o'clock, I was in my shop—I saw the prisoner take these two pairs of boots, which were hung on the door-post, conceal them under his short frock, and run away—I followed, calling, "Stop thief, "and he dropped them—I am sure they are mine.

Prisoner. The boots were on the pavement. Witness. No; he un twisted them, and took them from the shutter pole, and put them under his frock.

GUILTY . Aged 21.— Confined Three Months .

735. THOMAS BURTON was indicted for stealing, on the 23rd of Jan ., 3 1/2 lbs. weight of brass, value 1 s . 6 d .; and 6lbs. weight of lead, 1 s .; the goods of Thomas Peachy , in a certain vessel in a port of entry and dis charge.

THOMAS PEACHY . I am owner of the Industry , and all her stores. She was lying in the dock at Poplar—I went on board with Montague, the officer, on the morning of the 23rd of Jan.—he produced this brass-work, which I am able to swear was mine, and belonged to the Industry —it is the blower of the stove—I fitted this brass to the stove, and it corresponds exactly.

Prisoner. Q. You said you could not swear to it at the station? A. I said I had no private mark on it, but by the fitting I am able to swear to it, and the blower was gone.

JOSEPH MONTAGUE . I am a constable. I found the brass round the front of the prisoner, and a piece of this lead under each arm, just outside the dock gate at Poplar—he appeared to me to come direct from the gate—I saw the next day that the vessel had been broken into—the prisoner's companion ran away—he dropped one piece of it.

Prisoners Defence. I had no companion—it would be impossible for me to come out with these, things.

GUILTY . Aged 18.— Confined Three Months .

736. JOHN M'BRIDE was indicted for stealing, on the 5th of Jan ., 1 cop per, value 1 l . 5 s .; and 43lbs. weight of lead, 5 s ., the goods of Joseph Cundey , and fixed to a building; and THOMAS FRAME , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.; and that M'Bride had been before convicted of felony.

MR. WILKINS conducted the Prosecution.

JOHN SMITH . I am a bricklayer. I was at work at Mr. Joseph Cundey's house at No. 5, Ranelagh-grove—it is unoccupied—On Thursday afternoon, the 5th of Jan., I went into the wash-house and shut the door—I went up to the copper, and saw that it was safely fixed in the brick-work, and had lead on the top—I left at five o'clock, and went again next morning at seven—the copper was then gone, and the lead also, all but a small piece.

JAMES HURLEY . I had known M'Bride about a week before this hap pened—I saw him and Greeney, Myers and Lee, going down Ranelagh-Grove, Pimlico, at half-past five o'clock on Monday, the 30th of Dec.—they went

to No. 5, Ranelagh-grove. I did not know the other boys, only Greeney, who lived opposite to me—they were attempting to open the house, No. 5, Ranelagh-grove—M'Bride had something like a chisel and a stone—it sounded like metal as he was hammering it with the stone—I am certain he was the person I saw hammering in that way at the street-door—I went off directly—on the 4th of Jan. I was coming from chapel with my brother down Queen-street, about half-past eight at night—I saw M'Bride, Greeney, and Myers (three of the same boys I had seen before) Greeney and M'Bride bad a large copper—I know that when I first saw M'Bride and the others hammering at the door it was Monday the 30th of Dec., because the 29th was my birth-day—I am sure my birth-day was on a Sunday, and it was on the day after my birth-day I saw these boys, and I saw them with the copper on Thursday night—I gave notice of what I had seen the next day.

Q. Tell us what you saw on the Thursday? A. I and my brother were coming from chapel and saw M'Bride and Greeney go to Frame's shop with the copper—they staid in about five minutes, they then came out, and all three of the boys went in with the lead, which they fetched from a watering-place about twelve yards from the shop—I had noticed that Myers was standing at a place to watch the lead—I did not see what took place in the shop; but when they came out M'Bride had some silver in his hand, and they went away towards Greeney's house—I went home, and the next morning, about half-past nine, I told an officer, and I was called up at half-past two on Saturday morning by M'Culloch, and went to the station.

Cross-examined by MR. BALLANTINE . Q. When did you give informa tion? A. On the Friday morning, which was the day after I had seen them the second time—I was at work for Mr. Rose, the carrier, when I saw the boys the first time, and I and another of Mr. Rote's boys were going to the Commercial-road with a basket full of dirty linen—it was about a quarter after five o'clock—the second time I had been to chapel in the New-road, Sloane-street—the premises I saw them go into are in Queen-street, Pim lico—my brother is eleven years old—Brennan has lately been a sweep—he is now in the workhouse—I was not with him at the time I was taking this walk to the Commercial-road—I had known him about four years—I was not with him on either of these occasions—I did not see him on either of these occasions—if he was there it was a mere accident—I lived three doors from him—I know the inspector got Brennan into the workhouse, be cause I was down at Queen-square at the same time—the inspector was going to get me some work—I have had my meals of the inspector ever since I have been with him—he is conducting this prosecution—I have not been living with him—he has given me my meals seven times; four times here, and three times at Queen-square—he has not examined me as to the evi dence I was to give—I told the magistrate and the inspector at the station-house, and he put it in the police-force bill—he has not examined me since—I have never been in any scrape—that is as true as the rest of my story—my little sister, who is five years of age, found a horse-cloth since Christmas—she brought it up stairs—I had not stolen it—they did not charge me with stealing it—Mr. Rose said perhaps I might have gone down and taken it out of the cart—that was a mistake—I told my father of it—he brought it down, and it was returned to Mr. Rose, the carrier, who owned it—I will swear he did not threaten to have me and my father prosecuted unless the cloth was returned—he threatened to have my mother taken up, and then my father returned the cloth which he had been keeping—he did not know whose it was—Mr. Rose lives in Avery-row, which is about five minutes' walk from

my father's—I inquired about the cloth of the boys who work for Mr. Rose—my father had it for two months.

MR. WILKINS . Q. There was no foundation for this charge against you? A. No—I never was in any scrape in my life, nor was any threat of a pro secution held out to me—my father is a mason's labourer—the first day I was at Queen-square the inspector gave me some bread and cheese and beer—I was there from half-past eleven o'clock till three—the three days I have been here I have had my dinners of him.

JAMES BRENNAN . I was with Hurley in Queen-street, Ranelagh-grove, on a Thursday in last month—I know M'Bride—I saw him, Greeney, and Myers, with a copper, which they carried to Frame's shop—two of them went in first with it—they came out with some silver and copper in their hands—the third boy was minding the lead at the time, and then the three went into Frame's shop with the lead—I saw Frame in the shop—he put some silver and copper into M'Bride's hand.

Cross-examined by MR. CLARKSON . Q. Were you with Hurley when this was done? A. Yes, be and I were together—we were going up to the Com mercial-road with some linen—I was with him all the while, and did not leave him at all.

Cross-examined by MR. BALLANTINE . Q. What are you doing now? A. Nothing—I have been in St. Margaret's workhouse—the police-officer got me there—I told him on the Friday morning what evidence I had to give—I have seen him since then, and he has examined me, to see that I re membered all about it—he was quite satisfied with the mode in which I gave my answers—I knew Hurley when I was apprenticed—I have known him three or four years—I had not gone with him on this occasion—I was playing with him, and had been for two hours, when I saw this—I have never been in a Court of Justice before—I was taken up for begging, and had six weeks' im prisonment—that was the charge made against me—I did not take anything—I had begged the bread in Mount-street, Grosvenor-square, and a gentleman in plain clothes took me into custody—I am coming out of the workhouse—Mr. Barefoot put me in there till the trial was over—I do not know what is to become of me—Mr. Barefoot has promised to do something for me, if these persons are convicted.

MR. WILKINS . Q. Why did you beg? A. I had nothing else to do, nor anything to eat—I begged a piece of bread, and was sent to prison—I met Hurley in Clifford's-row, and was in his company that afternoon about an hour, when I saw M'Bride and the other boys coming with the copper—Hur ley's brother was there.

Q. You told this gentleman just now that the inspector had promised to do something for you, supposing these men were convicted; did you mean that? A. No—he said he would do something for me when the trial was over—my father is a bricklayer—four boys were playing together that day.

ALEXANDER M'CULLOCH ( police-sergeant B 5.) I received information of this robbery in the first instance from Smith, and afterwards from Bren nan, when he was brought into the watch-house on Friday, the 6th of Jan.—in consequence of that I went to Frame's shop—he was sitting in the parlour at the back of his shop—I asked him for the copper he bought last night of M'Bride and another—he said he had not got that copper, nor any other, nor any other metal, except three or four pounds of lead, in his possession—I told him I did not believe him—he then said he would tell me the truth of it—he then said the copper was brought there last night, and they left it, and

it remained there about half an hour; on their return to the shop he refused to boy it, and they then took it away towards Chelsea.

Cross-examined by MR. CLARKSON . Q. I suppose you are an old officer? A. I have been an officer thirteen years—Barefoot is my inspector—the con versation took place with Brennan between seven and eight o'clock in the evening—when I went to Frame's shop, I had left the station to go home—I did not leave the inspector at the station then—I had seen him that day, but I do not think I bad that night—to the beat of my recollection, I had seen him at six o'clock that evening—I think Brennan came to the station between three and four o'clock on the Friday—the whole of this happened on the Friday—I made a memorandum as soon as I got home—this is it—( producing it )—this is not a book which I keep for the purpose of such memorandums, but I hap pened to put it here that time, as I had this book in my pocket when I was at Frame's—I live ten or twelve doors from Frame—his shop is three or four minutes' walk from the station—I did not take a note of this conversation by direction of Barefoot, but I put it down as soon as I got home—I never showed it to Barefoot, nor told him that I had made it.

HENRY BAREFOOT . I am an inspector of police. I received information of this robbery on the 5th of Jan.—I do not know the day of the Week, but I am positive it was on the 5th—I made a memorandum of it—I received the information from one of the sergeants at the station—I believe it was from Carter, but I am not certain—I bad not then received information from Hurley—on the 7th, I went with a warrant to search Frame's house—he was in his shop—I asked him for the copper be purchased of a boy-a night or two before—he said he had no such thing in his premises, and he had not bought one—I said I had a search warrant, and I proceeded to search—I went down stairs—he went with me—I came to a cupboard—I requested him to unlock it, which he did—I saw a quantity of wood and shavings in it—I had an officer with me—I requested the officer to move the wood and shavings—Frame then said, "You with find the copper there, "and it was there, beaten up—Frame then said, "Had I known you intended to have had a search warrant, I should have put it out of the way, for when the policeman called last night, I denied having it, and I was a fool for doing so"—he accompanied me into the yard—I looked into a shed, which appeared to have nothing but sacks, and a little rubbish in it—he said, "You will find nothing there"—I was satisfied, and walked back into the shop—I went again in about ten minutes, to the place where he said there was nothing, and found this lead under some sacks and rubbish—this is the copper, it has since been pulled open—this and the lead have been at the station ever since.

Cross-examined by MR. BALLANTINE . Q. How long have you known Hurley? A. Five or six months; perhaps I might say five or six years—I have been there that time—I do not know that I ever saw him with my eyes before this occasion—I dare say I have seen him running about—I have never spoken to him before this—I think I first spoke to him on the 6th, the day M'Bride was taken—I did not take down what he had to say—I heard what he had to say, and what Brennan had to say—they were both there—I have had no communication with Hurley as to what he had to say—I certainly have not taken down his evidence, or seen his evidence, for any purpose—one of these boys has been taken to the workhouse—all the promise that has been made to Brennan, is to be taken back to the overseers, to be passed from that parish to his own—Mr. Gundey is prosecuting this case at his own expense.

HENRY MORGAN . I am foreman to Mr. Joseph Cundey. I live in West-row, Pimlico—I saw this lead fitted to the place where the copper had been, and from what I saw I have no hesitation in swearing it is Mr. Cundey's lead

—I say that from seeing it fitted to the place—I had seen such a copper as this in that place.

JAMES BRADELY ( police-constable B 134.) I produce a certificate of M'Bride's former conviction, which I got from the office at Westminster—( read )—I was present at the trial—he is the person.

(George Harrison, carpenter, Chelsea; Henry Farrant, carpenter; Joseph Shelton, labourer; William Spaul, carpenter, Pimlico; and Benjamin Bedel, salesman, Royal Hospital-row, gave Frame a good character.)

M'BRIDE — GUILTY . Aged 17.

FRAME — GUILTY . Aged 57.

Transported for Seven Years .

(There was another indictment against the prisoners.)

737. ISAAC LEVY was indicted for stealing, on the 27th of Jan ., 1 handkerchief, value 1 s .; the goods of Joseph Skinner , from his person.

JOSEPH SKINNER . I live in Whitechapel-road. Between four and five o'clock on the 27th of Jan., I was passing Harrow-alley, Houndsditch, and felt a twitch at my pocket—I turned, and saw the prisoner with my handker chief, concealing it—he pushed into a crowd—I pursued, and collared him—I called, "Police," but no one came near me—a number of his own people came round, and ill-used me so much, that I was forced to let him go—I gave information, and the following day I heard the officer had got him—I am sure the prisoner is the person—I got my handkerchief as I returned from the crowd.

Prisoner. As I was going up stairs last Saturday night, the officer took me.

GUILTY . ** Aged 14.— Transported for Ten Years .—Convict Ship.

738. THOMAS MUNT was indicted for stealing, on the 1st of Jan ., 3,500 prints, value 20 l ., the goods of William Henry M'Queen and another, his masters.—2 other COUNTS , varying the description of the property.

MR. BODKIN conducted the Prosecution.

WILLIAM HENRY M'QUEEN . I am a copperplate printer. The prisoner had been employed by me for nearly fourteen years—he has always borne the character of an honest man—he had left my service eight or nine months—in working impressions, there are certain copies that are spoiled—the im pressions that the prisoner is charged with stealing are of that number—I told the Magistrate I was disinclined to prosecute him—I have since heard that they are generally supposed to be prints which the men suppose they are entitled to—I find such an opinion generally entertained, though, as a master, I never tolerated such a custom.

NOT GUILTY .

739. THOMAS MUNT was again indicted for stealing, on the 1st of July , 100 prints, value 8 s ., the goods of Joshua Butters Bacon and another, his masters.

JOSHUA BUTTERS BACON . The prisoner was in my employ for eight months—a short time since sergeant Archer called, showed me some print, and asked if I knew them—I said yes, they were my property and my partner's—I picked out a hundred and odd, which were mine—these are them—they are a great many of the damaged prints—I did not authorise the pri soner in any way to take any—I have been in the trade twenty years, and never heard till last Saturday night that there was an understanding in the trade, that the men may take these first impressions.

Cross-examined by MR. CLARKSON . Q. How do these become your pro perty? A. Two of them are in our possession, and were never given out to

any one—these are them—I heard Mr. M'Queen examined before the Magis trate—there are three here which I can a wear to as mine, and were never given out of my possession to any one—they are worth 3 d ., scarcely of any value—there may be seven-eighths of the others spoiled—I believe we employ more men than any in the trade—these are from annuals—when we are printing we throw aside those that are in any way defective—the plate belongs to the trustees of Charles Heath—in the present case I am required to print a certain number—all that are defective we throw aside—those which only require a slight touch, and would have been sent in as good impressions, and paid for, the orders have been completed—each of the partners have a proof, which is an agreement between us and the customers—the prisoner has been in my employ three times—the last time for eight months—the plate has not been in use for some years.

JOHN ARCHER ( police sergeant G 8.) I took the prisoner, and found some of these on him, and some at his house.

NOT GUILTY .

740. MARIA DOWNES was indicted for stealing, on the 2nd of Jan ., 4 sovereigns, 1 half-sovereign, and 2 Bank notes, for the payment of 5 l . each, the monies of Thomas Terry , from his person.

THOMAS TERRY . I live in South-street, Chelsea. On the 2nd of Jan., between ten and eleven o'clock, I met the prisoner—I went with her to her lodging—I had two 5 l . notes, and four half-sovereigns wrapped In the notes, in my left-hand waistcoat pocket—I was with her from twenty minutes to half an hour, and when I got home I missed my money from my left-hand pocket—one of the notes I traced to a pawnbroker's in the neighbourhood—this is one of the notes that I lost on that occasion—I did not pay the pri soner with a note.

Prisoner. Q. Were there not two females in company with you that night? A. No, certainly not—I was quite sensible of what I was about—I was drinking a glass of sherry and water at a public-house at the corner of King's-road—I met with one buss -man, who said he had been in the Navy, and having been in the Navy myself forty-four years, I spoke to him—I was a little sloosed.

ALFRED HINES CLARK . I believe I paid this 5 l . note to the prosecutor—I cannot positively swear that he is the party—there was a cheque paid on that day by Good and Lawrence, payable to Terry, at Spooner and Attwood's.

THOMAS TERRY re-examined. I took the cheque and got this money.

JOHN KILLINGWORTH . The prisoner paid me this note on the 3rd of Jan.—I am sure she is the person.

Prisoner. Q. Was there no other person in your shop? A. I do not think there was at the time—it is a pawnbroker's—the prisoner purchased an article for 9 s .—I paid her 4 l . 11 s . change—I asked her name, she said, "Connor, No. 3, George-street, Chelsea"—I do not remember having seen her before—I put some ear-rings in her ears.

Prisoner's Defence. I was coming down'Cower Sloane-street between twelve and one o'clock in the morning; I kicked a handkerchief on before me; I picked up a piece of paper; I can neither read nor write; I showed it to a friend in the morning; she said it was a 30 s . note; she took it out; I have never seen her or the note since; I never saw the prosecutor; he had two females taken up before me, and would have sworn to them; he said if I would open my shawl and show him the bosom of my gown he would swear to me; I never was inside the pawnbroker's, and dp not know how he came by the note.

THOMAS TERRY re-examined. I did ask her to open her shawl—I could have sworn to her directly, but I wanted to be satisfied in respect to her dress.

GUILTY . Aged 27.— Confined Six Months .

741. JEREMIAH DANIEL HEALEY and CATHERINE HEALEY were indicted for stealing, on the 19th of Dec , 11 orders for the payment of 28 l . 11 s ., the property of Peter Green .—4 other COUNTS , calling them war rants, securities, declarations, and pieces of stamped paper.

MR. CHARNOCK conducted the Prosecution.

PETER GREEN . I went to Oporto in 1832, and remained there some years—on the 16th of Dec. last I obtained these orders from the Portuguese Com missioners—on the 16th of Dec. I saw Jeremiah Healey on the subject of selling these warrants—he was recommended to me by a man—I saw him on the day I received them—he was attending the place where the Commissioners gave these warrants—he gave me his address, and said if I disposed of them to any one he would give me as much as any man—on the 19th of Dec. I went to his house with my daughter, between nine and ten o'clock, with these warrants—I was asked up stairs—I sat down, and saw the two prisoners—they asked if I had got the bills—I produced them—I said, "I called on you to ascertain the amount you will give for these bills"—Jeremiah Healey said, 14 s . 6 d . or 15 s . 6 d . in the pound—the gross amount of them is 28 l . 11 s ., and there is five per cent, on them till they are paid—I did not agree to sell them—he handed them back to me, and to the best of my belief I put them into my pocket in my coat—I would not swear that I did—I was then coming out, and Jeremiah said, "I hope you will perform your contract to me, to let me have them sooner than any one else"—he put his hand on my shoulder, and we talked some time—I then bade him good night, and next morning I missed them—I went to him that day, and he said he knew nothing of them—I went again on the 21st—he said he knew nothing of them—I heard no more of them till Ben wood called—I went with him to Healey's—Jeremiah said he would not give me 5 s . for the chance of my payment, and I had better write to the Commissioners—in consequence of information I went to Mount-street—I found Jeremiah there—I called him on one side, and said I was given to understand he had these bills, and he had best give them up; I did not want to have any more to do with him—he said, "D—n your eyes, do you think you are going to bounce me out of them?"—Catherine was with him—she said she knew nothing at all about them—I called a policeman, and gave them both into custody—these are the orders.

Cross-examined by MR. CLARKSON . Q. Had you been trying to sell these titulos? A. No, I have not sold them since this—I did not sell them to Silver—I received altogether by this affair, 41 l . 1 s .—I do not know that their value is only 21 l .—I have heard many persons say they would give 14 s . 6 d . or 15 s . 6 d . in the pound for them—they were issued on the 15th of December, and carry interest at 5 per cent.—there are eleven of them—I understood them to be worth 28 l . 11 s .—I cannot tell who I received 41 l . from—I saw a man on the stairs, who gave me a paper with "20 l ." in it, and asked me into a public-house—I believe he was the prisoner's solicitor—my lawyer was at my hand, and Mr. Strutt the lawyer was on the other hand—I believe I received 20 l . from the father of the prisoner—I believed that my titulos had been stolen from me by one of the prisoners—I do not know what I received 20 l . for, but I asked what it was for, he said, "Put it into your pocket"—they got me to write a receipt before I received 1 s . of it—I believe it was Mr. Silver put down 21 l . more—I never saw the titulos from the time I lost them till

last Thursday—I believe I received 41 l . to keep Silver from prosecuting this business, as I understood that my lawyer left it all to him—I had been before a Magistrate, and preferred a charge of felony against both the prisoners—I did not go before a Magistrate afterwards, till last Thursday—I was not taken on a warrant before the Magistrate, I went of my own accord—I had not been at home for three weeks—I understood the officer had been after me—the titulos are payable at six months—it would take five years and a half to have them all paid—according to my belief I put them into my pocket when I was at the prisoner's house, but I will not swear I did it—the value of the whole is 28 l . 11 s .

MR. CHARNOCK . Q. Whatever you did, was it by the advice of those to whom you confided your interest? A. I did—Mr. Barrett advised me, and he took me to the Magistrate.

CATHERINE HEALEY . I am the wife of Dennis Healey, we live in Brownlow-street, Drury-lane. On the 20th of Dec. I saw Catherine Healey in Queen-street, Seven-dials—she was alone—she said, "Come on, I want you"—I said, "What do you want me for?"—she said, "My husband is in a dying state, and I want somebody to buy some bills"—she went with me to Mr. Silver's place, and gave me these bills—she staid outside—I asked if there was a man there who bought bills—I sold them to Mr. Silver for 21 l . 1 s .—I came out, and gave the money to her—she gave me 1 s . and we parted—I gave Mr. Silver these eleven bonds.

JOSEPH SILVER . I am an agent for the purchase of these securities. On the day stated the last witness came to me, and brought these—I gave her 21 l . 1 s .—she asked 14 s . 10 d . in the pound—I sent word I was engaged, I should give no more than 14 s . 9 d .—she sent word I might have them—I said, I was engaged, she must call again—I returned in the evening—she came again, and said, "Here are the titulos, I will take your price"—I paid her 21 l . 1 s .—I saw the male prisoner that evening, I supposed they came from him—I called on him, and said I had bought some titulos, did they come from him?—he said, "No, they did not"—I said, "I thought you were short of cash, and wanted to put yourself in a little money, to prevent selling a quantity that I was buying of you."

Cross-examined. Q. You have got the receipt from Mr. Green for the 21 l .? A. Yes, it is dated 6th of January.

WILLIAM RUSSELL ( police-constable C 13.) I got these titulos at the Police-court from Mr. Silver.

(The prisoners received a good character.)

J. D. HEALEY .— NOT GUILTY .

C. HEALEY — GUILTY . Aged 32.— Confined Two Months .

742. JOHN HARRISON and GEORGE LEWIS were indicted for stealing, on the 15th of Jan ., 2 tame rabbits, price 6 s .; the property of James Tillier .

JAMES TILLIER . On the 5th of Jan. I had two rabbits safe in the shed—I missed them the same evening—I went after the prisoners towards Houns low, and met a policeman—I have seen the two rabbits again—I saw the prisoners going from my mother's cottage on the 5th.

CHARLES BAKER . I bought these two rabbits from the prisoners, between four and five o'clock, on the 5th of Jan.—one was alive and one dead, but warm.

Harrison's Defence. I met a man close by a row of trees; he asked if I knew any body likely to buy two rabbits; he wanted 4 s . I said I bad no money, I would give him a cod-fish and nine fresh herrings, and he took them.

Lewis's Defence. I was along with him for a walk, and when he bought these, I carried them for him.

CHARLES BAKER re-examined. They said they changed a cod-fish and seven fresh herrings for them—I gave 2 s . and a pint of beer for them—they had a rabbit each.

(The prisoners received a good character.)

HARRISON — GUILTY . Aged 18.

LEWIS — GUILTY . Aged 18.

Confined One Month .

743. HENRY PERCY , ALFRED COLLINS , and FRANCIS WHIT TLE were indicted for stealing, on the 21st of Jan ., 1 till, value 1 s .; 1 shilling, 1 sixpence, 4 groats, 5 pence, 26 halfpence, and 9 farthings; the property of James Piggott .

JAMES PIGGOTT . I am a baker, and live in High-street, Notting-hill. On the 21st of Jan., about five o'clock in the evening, I was sitting with my wife, in the parlour at the back of the shop—I saw a boy running out of the shop—I ran tothe door, and saw the three prisoners taking the money out of my till, which was on the ground—I cannot say how much there was in the till—there was a shilling—I ran after the prisoners and overtook them—I first caught two, and then the other—I am quite sure they are the boys.

MARY ANN PIGGOTT . There were 12 s . in the till, in shillings, sixpence, and pence—I followed my husband, and saw the three prisoners—they had the till in their hands—Whittle held it, and they all had their hands in it.

Collins. The lady said she had taken the money from the till three minutes before. Witness. No, I said I had taken some money from the till.

WILLIAM PALMER . I searched the prisoners, and found some silver and copper on Collins.

ROBERT DUNNETT ( police-constable F 198.) I was on duty, and was called to take the prisoners—I found no money on them.

Callins's Defence. I was full fifty yards off; the gentleman beckoned, and I came to him. The money I had belonged to my father.

PERCY *— GUILTY . Aged 16.

COLLINS *— GUILTY . Aged 15.

WHITTLE *— GUILTY . Aged 12.

Transported for Seven Years .

Convict Ship.

744. JAMES LICKFOLD was indicted for stealing, on the 23rd of Jan . 3/4 lb. weight of Indian rubber, value 2 s ., the goods of John Faulkner .

SARAH LEFACE . I live with my uncle, John Faulkner, a stationer, in Queen-street, Tower-hill. About half-past nine o'clock, on the 23rd of Jan., I was in the kitchen, and heard a click of a lock, and saw the prisoner run ning out from behind the counter—I ran, and caught him three doors off—he dropped this piece of Indian rubber, which is my uncle's.

WILLIAM LOOKER . I saw the prisoner drop the Indian rubber.

GUILTY . * Aged 14.— Transported for Seven Years .

745. WILLIAM CONNOR was indicted for stealing, on the 24th of Jan ., 1 handkerchief, value 3 s . 6 d ., the goods of Charles Spikins , from his person; and that he had been before convicted of felony.

CHARLES SPIKINS . I live at the Sceptre Coffee-house, Lincoln's Inn-fields. About nine o'clock, on the 24th of Jan., I was passing down Broad-street, Bloomsbury—I felt something at my pocket—I turned, and saw the prisoner, with my handkerchief in his hand—I called "Stop thief," ran after him, and overtook him at the corner of Great St. Andrew-street—he threw the hand kerchief into a cart just before the officer took him—I saw it safe about two minutes before.

JOHN GEARY ( police-constable F 79.) I saw the prisoner running, And saw him throw this handkerchief into a cart.

GEORGE ANDREWS ( police-constable G 66.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—( read )—the prisoner is the person.

GUILTY . Aged 19.— Transported for Ten Years .

746. JOHN HEDDINGTON was indicted for stealing, on the 23rd of Jan ., 1 handkerchief, value 2 s . 6 d ., the goods of Edward Holt , from his person.

EDWARD HOLT . I live in Great Bland-street, Dover-road; on the 23rd of Jan. I was passing from Duke-street to Lincoln's Inn-fields—I heard a noise, looked back, and found a gentleman with the prisoner in his arms—I went on, and found my handkerchief was gone—this is it.

JAMES DILLON . I was going through Lincoln's Inn-fields with Holt—I heard a cry, and saw a gentleman holding the prisoner—I went on, then I looked round again, and saw the officer had got the prisoner—I saw the handkerchief taken from his trowsers' pocket.

THOMAS HALL ( police-constable G 144.) I found this handkerohief in the prisoner's trowsers' pocket.

Prisoner's Defence. I was passing down Duke-street; I saw the prosecu tor drop his handkerchief from his pocket; I took it up, and was following him, when I was seized by two gentlemen, who said they saw me take it.

GUILTY . † Aged 20.— Confined Nine Months .

Fifth Jury, before Edward Bullock, Esq.

747. WILLIAM BEER was indicted for feloniously receiving, of an evil-disposed person, on the 14th of Jan ., 30lbs. weight of lead, value 5 s ., the goods of Francis Bursell .

FRANCIS BURSELL . I am a plumber and painter, in Cleveland-street, Fitz roy-square. On Saturday, the 24th of Jan., I lost some lead from the roof of the workshop and back parlour—on the following Wednesday, in consequence of information, I went to the prisoner's house, in Warren-street, St. Paneras, in the neighbourhood where I reside—I saw the prisoner—I asked him if he had bought any lead—he said he had—I asked if he could give it to me—he said he could not, as it was melted down and sold—he said he had bought it of George Henry Wallington, whom I took with me.

Cross-examined by Mr. BALLANTINE . Q. You received some communica tion from Wallington? A. Yes—he told me he had stolen it—I told him, if he would tell the truth with respect to it, I would deal mildly with him—I had lost a tremendous lot of things—the prisoner told me he had bought some lead of that boy, and it was melted and gone—he concealed nothing from me—he behaved with the greatest possible openness—I did not give him into custody—he walked with me to the police-office, he was admitted to bail, and surrendered—I have had a good many communications with Wallington since, and I think he has told a good many untruths.

NOT GUILTY .

(There were two other indictments against the prisoner, on which no evi dence was offered.)

748. MUNSON SAYERS was indicted for feloniously receiving, on the 16th of Jan ., 3 soldering-irons, value 3 s . 6 d .; and 1 iron ladle, 1 s . 6 d .; the goods of Francis Bursill .

FRANCIS BURSILL . I lost some soldering-irons on the 16tn of Jan.—I went to the prisoner's, and found them there—his wife pointed them out—she said, "If they are yours, take them, my husband is not at home, but when he

comes in I will send him to the Magistrate"—the prisoner said that the boy Wallington went to his house, and said he had had no breakfast, and he let him have a few halfpence on the irons.

NOT GUILTY .

749. JOSEPH SWAINE and WILLIAM SADD were indicted for steal ing, on the 19th of Jan ., 1 horse-collar, value 5 s .; 1 bridle, 8 s .; 1 pair of harness, 1 s .; 1 pair of traces, 2 s .; 1 crupper, 1 s .; and 1 curry-comb, 1 s .; the goods of Philemon Harvey .

FRANCIS RUWALD . I am in the service of Mr. Philemon Harvey, a fancy trimming maker, Osborn-place, Whitechapel. This harness is his—I saw them safe in his stable on Thursday morning, the 19th of Jan.—I saw them again on the Saturday following.

GEORGE TEAKLE ( police-sergeant H 8.) On Thursday night, the 19th of Jan., I saw both the prisoners together at the door of No. 23, St. John-street—I think they saw me—they both rushed into the house, and up stairs—the street-door was pushed to—I ran to the door, and heard more than one person running up stairs—I got a light, went up, and found both the prisoners stand ing together on the top of the second stairs, and behind them was a black bag containing this harness—I said, "Halloo, who does this belong to?"—Swaine said, "It belongs to a person I know"—I said, "Who is he, and where does he live?"—he said, "I tell you it belongs to a person I know, what do you want more?"—I took them and the bag.

Cross-examined by MR. PAYNE . Q. The bag was lying on the floor? A. Yes.

NOT GUILTY .

750. JOHN YOUNG was indicted for stealing, on the 18th of Jan ., 1 a watch, value 10 l .; I watch-key, 3 d .; and I watch-ribbon, 3 d .; the goods of Frederick Henry Ridley , in his dwelling-house: and WILLIAM SCOTT , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.: and that Scott had been before convicted of felony.

LOUISA HOWES . I am servant to Mr. Frederick Henry Ridley, of Broom field-row, Maida-hill, Paddington. I saw Young about a quarter past twelve o'clock on the morning of the 18th of Jan., in my master's scullery—I did not know him before—he was not dressed as a butcher, but he had a page's jacket on, and a piece of beef in a butcher's tray, which had not been ordered—he left the beef in the scullery—I said, "This is not for here"—he said, "It is"—I asked where he brought it from, and he mentioned a name which I cannot recollect—I left him in the scullery, and went to the dining-room to ask my mistress about it—I came back in about two minutes, and found him where I had left him—I again said, "I don't think it is right"—he said it was, and went out—I followed him, and locked the door—I returned to the kitchen in about three minutes, and missed my mistress's gold watch off the shelf—it had a key attached to it by a ribbon—I know it was safe about ten minutes before—it was gold, and was worth more than 10 l .—I am quite sure it was there—I made inquiries, and my mistress had not ordered the beef—I am quite sure Young is the lad—the watch has not been found.

Young. I did not go out till a quarter to twelve o'clock, and was back by a quarter past; it was not me; you said it was ten minutes after, I was gone you missed it. Witness. No, I said in three minutes after I looked to see what time it was, and the watch was gone—there was no one there but you and I.

GEORGE IBBS . I am going on for twelve years old, and live in Union-street,

Lission-grove—I know both the prisoners well—Scott lives down Clarement place—I have seen him and Young together nearly every morning—I re member Wednesday, the 18th of Jan.—I was working with my father in Mr. Ridley's garden—I saw Young come there—he had a tray with a bit of beef in it—I am sure it was him—he went down into the kitchen with the beef—he was in the house about two minutes—when he got out of the gar den-gate be ran to Scott, who was about ten yards from the gate, and I saw him take something out of his pocket and give it into Scott's hand—Scott took the article, and I saw there was a ribbon, and a key hanging to the bot tom of the ribbon—Scott had it at that time in his hand, and he put it into his pocket—Young then ran up the hill, and Scott walked gently after him—I am quite sure the prisoners are the boys—I went to the station for a po liceman.

Young. Q. How do you know me? A. You used to come to call Scott almost every morning—that was about a year ago.

Scott. Q. Do you say you saw the watch? A. No—I saw something—I followed Young out of the gate—when he gave it into your hand you put it into your pocket, and he ran, and you walked after him—you were then about thirty yards off—I did not say before that I was in the garden stooping down—I never was in trouble but once, and that was for throwing a stone—I do not know what Young gave you, but I saw a key and a ribbon—I did not say that you stood still for five minutes—you walked on—when I saw him give it you, I stood against the gate, and when the servant came out I told her—I had a good mind to run and tell her directly.

SAMUEL HAMPTON ( police-sergeant D 24.) I received information from lbbs, about one o'clock, on the 18th of Jan., that this watch was lost—I went and found Scott in Church-street, Portman-market—he said he knew nothing about it—I then went after Young—I found him at home, at No. 26, Little Carlisle-street—he said he knew nothing about it, and he did not know where Broomfield-row was—he was dressed in this page's jacket and this hat, and the same trowsers and boots that he now has on—he looked like a servant.

Young's Defence. I went out at a quarter to twelve o'clock, and heard of a place; I went home, and put on my other clothes, and went after it at Dr. Brook's, No. 1, Middlesex-place, New-road—he was engaged; I then went to Chelsea for an accordion, and came back; I had this dress when I was page at Dr. Bruce's, in Montague-street.

Scott's Defence. I was at home, I can assure you, at the time the boy says he saw me.

LAWARENCE ANDERSON . I produce a certificate of Scott's former conviction, which I got from Mr. Clark's office—( read )—I was present—he is the person who was then convicted by the name of Henry Thompson.

(Young received a good character.)

YOUNG — GUILTY . Aged 17.— Recommended to mercy by the Jury, — Confined Six Months .

SCOTT — GUILTY . Aged 18.— Transported for Seven Years .

(There was another indictment against Scott.)

751. THOMAS CALLAGHAN was indicted for stealing, on the 24th of Jan ., 1 fender, value 3 s ., the goods of Henry William Hill .

HENRY WILLIAM HILL . I am a cabinet-maker, and live in Penny-fields, Poplar. This fender is mine—I lost it on Tuesday week—I had it safe in my shop at half-past six o'clock that evening—I then went out, and returned

at half-past eight, and missed it—I think I have seen the prisoner in the neighbourhood.

ELIZA WILLIS . I am servant to Mr. Hill. He went out that evening—he left me and my mistress at home—about eight o'clock I went out for the supper beer—when I came back I missed a fender from the window—I will not be sure that it was safe when I went out.

HENRY WOOD ( police-sergeant K 44.) On the evening of the 24th of Jan. I was on duty in Ropemaker's-fields, Limehouse—I saw the prisoner with this fender under his arm—I asked where he got it—he said he bought it at a broker's, named Burns, in the Highway, for 2 s ., and he was going to take it to his sister's—I said he must go with me to the shop—he walked about two hundred yards, and then made a cut at my legs with the fender—it got between his own legs—he tripped, and ran away—I fell down—he turned into a court, which was no thoroughfare, and I caught him.

Prisoner. I said I bought it of a man named Burns, I did not say a broker. Witness. He said a broker, named Burns—I knew there was no such person.

Prisoner's Defence. I do not know where Burns lives, but it is in Poplar.

GUILTY . Aged 18.— Confined Two Months .

752. JAMES KENNY was indicted for stealing, on the 21st of January , I pistol, value 4 s .; and 2 handkerchiefs, 3 s .; the goods of John Painter .

JOHN PAINTER . I am a butcher, and live in Pierpoint-row, Islington. I lost a black silk handkerchief similar to this one, but I cannot swear to it—I missed it last Sunday morning week, from an apartment in a house I sleep in—I live in one house and sleep in another—I went down to the landlady, and told her—I then looked for another handkerchief, and missed that—that hand kerchief is here now, and I can speak to it—I also lost a small pistol, similar to this one, but I cannot swear to this—I cannot tell whether I lost these things at one time—I did not miss the pistol till I heard the prisoner was appre hended—I had seen him about the premises—the last time I saw him was on the Saturday.

THOMAS FIELD . I live in Adelaide-square, Islington. I saw the prisoner in the evening of this day fortnight—he asked me to buy this black silk hand kerchief of him—I did not want it, but he came after me again, and I bought it—I afterwards took it to the station.

Prisoner. This lad was here for stealing a quartern loaf, and had three months in the House of Correction. Witness. Yes, I had.

JAMES COOK . I am shopman to Mr. Good burn, a pawnbroker. I pro duce this other handkerchief, which was pawned by the prisoner—I am sure of that.

GUILTY . Aged 16.— Confined Three Months .

753. GEORGE LESTER was indicted for stealing, on the 24th of Jan ., 4 planes, value 6 s .; 3 saws, 5 s .; 1 augur, 1 s .; 1 screw-driver, 1 s .; 1 chi sel, 1 s .; and 1 square, 2 s .; the goods of John Pearce .

THOMAS PEARCE . I live with my father, John Pearce, at Shepherd's Bush; he is a carpenter, and is finishing the house where we are residing; the prisoner is a plasterer, and was employed there by my father—we had some tools, which I put into a box, on the 20th of Jan., which was put into the next room to the one we live in—there were four planes, and the other articles stated in the indictment in it—these are the tools—they are my father's.

Prisoner. I removed them from the kitchen up to that room. Witness. No, I took them up myself.

HENRY HAMPSTEAD . I conduct the business of Mr. Aldhouse, a pawn broker,

at Hammersmith. On the 21st of Jan. this plane and this saw were pawned by the prisoner; on the 25th he pawned a screw-driver and square; on the 26th another plane; he also pawned some more tools, but I did not take them in—they were all pawned in the name of Smith—the duplicates produced by the officer are those I gave the prisoner.

JOHN PAISLEY ( police-constable T 86.) I took the prisoner last Tuesday—I found on him fifteen duplicates, eight of which refer to this property.

Prisoner's Defence. The prosecutor was taken ill on the Thursday, and the day after I packed up all his tools and took them up into an upper bed-room, and they laid there all the following week—I had no work to do that week—I sat up with him two nights, and stopped with him two days; I merely took the tools, as I wanted a shilling or two that week, not intending to rob him—I had the duplicates all carefully in my pocket, to get them out; I did not deny the fact when I was taken; I had commenced work again the day I was taken.

THOMAS PEARCE re-examined. I have known him since last June, but have not worked with him—I never knew anything wrong of him—it is true about my father being ill, and that he sat up with him two or three nights.

GUILTY . Aged 30.— Confined Two Months .

754. HENRY THOMPSON was indicted for stealing, on the 25th of Jan ., 1 printed book, value 1 s ., the goods of Isaac Henry Hatfield .

ISAAC HENRY HATFIELD . I am a bookseller, and live in Chapel-st., Totten ham-court-road. This is my book—I missed it from a board outside my win dow, on Tuesday evening, the 24th of Jan.—I had seen it safe on the 22nd.

ANN RAWLINGS . I am the wife of John Edward Rawlings, a bookseller, in Tottenham-court-road. On the afternoon of the 25th of Jan. the prisoner offered me this book for sale—he said he had purchased it of a boy in the street the week before, and given him 6 d . for it—I gave him in charge on suspicion.

FREDERICK CLARK ( police-constable E 155.) I received the prisoner in charge, and this book.

Prisoner's Defence. A boy asked me to sell it for him.

GUILTY . * Aged 14.— Confined Fourteen Days , and Whipped.

755. MARY ANN MANLEY was indicted for stealing, on the 7th of Dec ., 1 1/4 yard of satin, value 3 s ., the goods of Thomas Gwyther .

SARAH TUCKER . I am the wife of William Tucker, of Warren-street, Tottenham-court-road. I have known the prisoner nearly two years—she had been my servant, and left me in Nov., 1841—she came to me before last Christmas, I do not know the day, and asked me if I would accept of this satin—it had been a bonnet, but was not a bonnet then—this bonnet ( pro ducing it ) was made of it.

WILLMOT GWYTHER . I am the wife of Thomas Gwyther, of Tunbridge-street, New-road. The prisoner came to my house several times before Christmas—I missed about a yard and a quarter of satin from my back-kitchen—it was for making a bonnet—I left the prisoner in my front-kitchen the day I missed it—I went to market, and when I came home I missed it, but I do not know that it had been taken that day—the prisoner said it must be the washerwoman who had taken it, and I accused the woman of it—I am quite sure this bonnet is made of that satin.

ELIZA GWYTHER . I remember this satin being lost—the prisoner was at our house that day—when my mother spoke about it, she said it must have been the washerwoman.

Prisoner. She gave me the satin; it was a bonnet, which had been given to her. Witness. I am sure I never gave it to her.

SARAH TUCKER re-examined. When she gave it me, she said a friend of hers, who was a dressmaker, gave it her—I heard her say that Mr. Gwyther's daughter gave it to her.

NOT GUILTY .

756. MARY ANN MANLEY was again indicted for stealing, on the 15th of July , 1 thimble, value 1 s . 6 d .; and 3 towels, 3 s .; the goods of William Tucker .

SARAH TUCKER . I am the wife of William Tucker. I have known the prisoner two years—she was in my service fourteen or fifteen months ago—after she left I missed three towels and a thimble—these are them—( looking at them )—when the prisoner called occasionally at my house, I told her I had lost them, and she helped me to look for the thimble, which I lost some time after she left her situation, and was in the habit of calling on me—I think it must have been between the latter end of April and the beginning of July—the prisoner came to me in June, 1841, and left in Nov.—she returned at the latter end of April, 1842, and was with me up to the 28th of June, and then left me—I suppose that was the time I lost the thimble.

JURY . Q. Have you your name on these towels? A. No, but I made them, and have been in the habit of washing and ironing them—I know this thimble perfectly—there is no mark on it, but I am familiar with it, and it fits me exactly—it is nearly new—the prisoner was occasionally at my house—she finally left about the 1st of July—I have found two more towels, which were also mine.

WILLIAM MURDOCK. I am shopman to Mr. Flemming, a pawnbroker, in Farringdon-street—I produce there towels, pawned on the 31st August—I cannot say by whom—I gave a duplicate of them.

JAMES HENRY STEWARD . I am shopman to Mr. Kirkman, a pawnbroker. I have a thimble, pawned by Allener, on the 15th of July.

JOHANNA ALLENER . The prisoner gave me this thimble to pawn for her, which I did.

Prisoner. I left it at her house, and she pawned it without my knowledge. Witness. The prisoner gave it me, and asked me to pawn it for her, and I pawned it, I think, the same day, or a day or two after.

SUSANNAH BURTON . I searched the prisoner at the station, on the 14th of Jan.—I found on her six duplicates, in a tin-box—I gave them to the officer.

EDWARD HURST ( police-constable E 23.) On the 14th of Jan. I took the prisoner on suspicion of stealing a quantity of wearing apparel—I received from Burton these duplicates, two of which correspond with these articles, and with the counterparts produced by the pawnbroker.

Prisoner's Defence. On the 28th of June, Mrs. Tucker had words with me, and I left her on the 29th; I staid at Mr. Cole's till the 1st of July; I never was in her house again till October; the towels are my own, and so is the thimble.

GUILTY . Aged 28.— Recommended to mercy. — Confined Three Months .

757. MARY ANN COWARD was indicted for stealing, on the 1st of Jan ., 1 scarf, value 2 s .; 1 shawl, 10 s .; 1 gown, 10 s .; 1 bonnet, 3 s .; 1 purse, 3 d .; 1 cross, 1 s .; 1 neck-chain, 2 s .; 2 pairs of boots, 1 l .; 1 coat, 8 s .; 1 watch-chain, 2 l .; 2 seals, 10 s .; 1 watch-key, 5 s .; 1 ring, 5 s .; 1 brooch, 1 l .; 2 handkerchiefs, 5 s .; 1 half-crown, I shilling, 2 groats, and 2 pence; the property of Stephen William New ; and that she had been before con victed of felony.

STEPHEN WILLIAM NEW . I am a musician, and live in Upper Mary-le bone-street—the prisoner it the daughter of my laundress—I misted a number of articles from my sitting-room, part of them on Sunday evening, the 1st of Jan., and part on the Monday—I missed a gold watch-chain, seals, key, and ring from the corner of the piano, in the sitting-room—I afterwards missed the pearl cross, the scarf, and other things stated—this is the chain, scarf, cross, purse, gown, shawl, and bonnet—they are my wife's, and were in my sitting-room.

HENRY FOWLER ( police-constable E 111.) I took the prisoner on the 3rd of Jan., in Tottenham-court-road—she had this scarf, shawl, gown, and bonnet on, and this chain and cross was round her neck—I took her to the station—she said, "Let me go, and take off the things, as I have got my own things under them"—they were taken off, and she had her other things under them.

Prisoner. They belong to Mrs. Hollis.

STEPHEN WILLIAM NEW re-examined. I kept this chain and cross in a drawer at the top of a cash-box—it was not locked—these are my wife's pro perty, who is here—her name was Hollis before she was married.

ROBERT ADAMS ( police-constable 109 E. ) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office.

GUILTY . Aged 17.— Transported for Seven Years .

NEW COURT , Monday, February 6 th , 1843.

Fifth Jury, before Mr. Common Sergeant.

758. EMMA JONES was indicted for stealing, on the 31st of Jan ., 3 sovereigns, 1 half-sovereign, 4 shillings and sixpence, the monies of John Williams , from his person; and that she had been before convicted of felony.

MR. CLARKSON offered no evidence, the prosecutor's name not being correct in the indictment.

NOT GUILTY .

759. ELIZA MATENOT and MARY ANN JOHNSON were indicted for stealing, on the 28th of Jan ., 2 hams, value 15 s ., the goods of John Taylor ; and that they had been before convicted of felony.

JOHN TAYLOR . I am an oilman, and live in Jermyn-street. At half-past eight on Saturday night the prisoners came into my shop—Matenot asked for an ounce of pepper—she gave me a fourpenny-piece—I gave change—I sus pected them—I watched, and saw a shuffling between their shawls the moment I served them—I came round the counter and missed two hams—I pursued them—they had turned up a passage, where I found them, and said, "You have got my hams; you had better give them up"—then one dropped, and then another dropped—a light was got in the house they ran into, and the two hams were found in the dark passage—I cannot say from which they fell.

THOMAS MARCHANT ( police-constable C 49.) I was sent for, took the prisoners, and found the hams in the passage.

Matenot's Defence. I did not ask for the pepper; it was the other put down the fourpenny-piece.

EEWARD TANNER ( police-constable E 56.) I produce a certificate of

Matenot's former conviction, which I got from Mr. Clark's office ( read )—Matenot is the person that was tried.

GEORGE JOHN RESTIEAUX ( police-constable E 49.) I produce a certi ficate of Johnson's former conviction, which I got from Mr. Clark's office ( read )—she is the person who was tried.

MATENOT — GUILTY . Aged 18.

JOHNSON — GUILTY . Aged 19.

Transported for Seven Years .

760. WILLIAM WESTON was indicted for embezzling and stealing 2 s . 6 d ., the monies of Joshua Chipchase , his master.

MESSRS. CLARKSON AND DOANE conducted the Prosecution.

JOSHUA CHIPCHASE . I am a shoemaker, and live in High-street, Shadwell. The prisoner was in my employ about sixteen months—in consequence of something in the week previous to the 9th of Jan. I agreed with Mr. Barrett to mark a half-crown—about ten o'clock on the 9th of Jan. I went down into my shop and asked the prisoner to account for what money he had taken—he said 5 s . 6 d . for a pair of boots, and 2 s . 6 d . for a pair of shoes, which had just gone out—I said, "Has there been nothing else sold?"—he said "No"—I said, "You sold a pair of slippers for half-a-crown at nine o'clock"—he said, "Yes, but you had the money for them." I had been called down at ten minutes past nine, and there was a customer in the shop, who bought a pair of slippers for half-a-crown—I had got that half-crown—I said, "Yes, but you sold a pair exactly at nine"—he denied it—if he had sold another pair at nine, and bad received half-a-crown for them, he was half-a-crown short in the money he had accounted to me for—I told him that when I came down at five minutes past nine I lifted up the lid of the desk, and in a back place, where money never was kept, I saw the edge of a half-crown—he said, "I suppose you put it there"—I said, "No, but I will tell you how it came there"—I told him for a long time I had suspected he was robbing me, and for the last few weeks I was quite sure of it—he denied it—I said, "Have you a half-crown about you?"—he said, "Yes"—he then threw down two half-crowns and two shillings on the counter—I told him that the half-crown with which the slippers were purchased was marked, and on taking up one it was marked—I sent for Mr. Barrett, and in the prisoner's presence asked him if he knew that half-crown—he said yes, it was the one marked.

Cross-examined by MR. PAYNE . Q. Had the prisoner lived with you before?— A. Yes, once; he left to get married—I gave him a very bad character, but the clergyman believed him rather than me—there was 100 l . due to him on his marriage, if he could get a good character; and he applied to me, but I gave him a bad character—I took him again, because I hoped he was better—I agreed with him that he was to stay a year, if he conducted him self to my entire satisfaction, so that I could not discharge him within the year—the errand-boy was present when I had this conversation about the slippers—I never allowed the prisoner to give change out of his own pocket—there were always persons in the house to do so, my wife or my daughters—I never told him not to give change in so many words, but it was not his habit—this is a book in which he ought to enter these things—he has nothing to do with the daily expenses book.

Prisoner. The man Collins made a pair of bespoke shoes in the name of Wells—he brought them to me while I had a customer in the shop, and wanted to be paid—I said I had nothing less than a half-crown—I put my hand in my pocket and gave him a shilling, and asked if that would do.

Witness. I have no recollection of that—if he had, it was his business to have told me, and he never said a word about it.

MR. DOANE . Q. Did the prisoner ever ask for the daily expense book before the Magistrate? A. No—whether he gave change or not, there is still balf-a-crown short in what he accounted for, supposing there had been a pair sold at nine o'clock.

JAMES BARRETT . I am a grocer, and live in High-street, Shadwell. On the 8th of Jan. I marked a half-crown, and gave it to my brother Daniel—this is it.

Cross-examined. Q. What mark did you put upon it? A. Two nicks above the crown, on the reverse of the coin.

DANIEL BARRETT . I received a half-crown from my brother—I saw the mark on it, and gave it to my sister.

ANN BARRETT . I received the half-crown from my brother, and gave it to Elizabeth Murray, who was in our service, and gave her directions what to do with it.

ELIZABETH MURRAY . I was in the service of Miss Barrett. I received from her this half-crown—I took it to Mr. Chipchase's shop, to buy a pair of slippers, at nine o'clock precisely—Shadwell clock was striking—I bought a pair of slippers—they came to half-a-crown—I gave the prisoner the half-crown that was given to me by my mistress.

Cross-examined. Q. Were there any other customers in the shop? A. No.

WILLIAM KEELEY ( police-constable K 175.) I received this half-crown from the prosecutor.

JOSEPH CHIPCHASE re-examined. This is the half-crown I found on the prisoner—he lent me 3 s . 6 d . before breakfast that morning, but it was paid him again.

(The prisoner received a good character.)

GUILTY . Aged 34.— Confined One Year .

761. HENRY SCREW was indicted for embezzlement.

ELIZA MORRISH . I am single, and deal with Mr. Gardner. On the 27th of Dec. I paid the prisoner 6 s . 10 d . for some meat I had of his master.

BENJAMIN GARDNER . I have not received this 6 s . 10 d .—it was the pri soner's business to have given it me the same evening, but he absconded.

Prisoner. He is indebted to me more than this. Witness. I am not—he is in my debt 17 s . for money he drew from me and my wife.

GUILTY . Aged 30.— Confined Four Months .

762. THOMAS WOOD was indicted for stealing, on the 7th of Jan ., 2lbs. weight of mutton, value 1 s .; and 3/4lb. weight of pork, 6 d .; the goods of Benjamin Gardner .

BENJAMIN GARDNER . I am a butcher, and live at Ealing. The prisoner was employed for me—on the 7th of Jan. he said he was ill—after I had come from Bow-street about the last case, the prisoner said, "Master, honesty is the best policy, I will look out"—I then missed a loin of mutton, and sent my son round—the prisoner came in, and said he was very bad in his inside—there were eleven chops on the stall—he said he would go away for a minute or two—I missed the chops—I ran, and saw him running up a court into a coffee-shop—I saw a man with some chops—he was going to put them into a pan—I said, "Who gave you these?"—he said, "Your man"—I went back and took the prisoner—I did not find any more chops, or the loin of mutton.

Prisoner. I never saw them. Witness. They were there not a minute before you left.

THOMAS FISHER . I keep a coffee-shop in Charles-street. On this evening

the prisoner brought in two chops, one mutton and one pork, and the prose cutor came in immediately.

JONATHAN BUSH ( police-constable F 40.) I took the prisoner—he said he had only taken two chops for his tea, he thought there was no harm in that.

Prisoner's Defence. There was some stinking meat brought out, and I could not eat it.

GUILTY . Aged 28.— Confined Six Months .

763. JOSEPH ALLEN and THOMAS FEALEY were indicted for stealing, on the 19th of Jan ., 6 tame fowls, price 12 s ., the property of Richard Eaton .

RICHARD EATON . I live in St. Luke's—I have a stable in Cowper-street, I saw my fowls safe at four o'clock, on the 19th of Jan.—I was called by the policeman about one in the night of the 20th—my fowls were then gone—I have examined these—they are mine—Fealey lived with me about seven weeks—I know Allen, but he had not lived with me.

HENDRY SMITH ( police-constable G 44.) I stopped Allen in Old-street, about half-past ten o'clock at night, on the 19th—Fealey was with him—I took these fowls from Allen—he said he brought them from the Vinegar-ground—they were dead, but quite warm—he said he sold them, because they had got the croop.

(Fealey received a good character.)

ALLEN — GUILTY . Aged 17.

FEALEY — GUILTY . Aged 17.

Confined Six Months .

764. JOHN COOK was indicted for stealing, on the 19th of Jan ., 2lbs. weight of tobacco, value 1 s . 6 d .; and 3 cigar-cases, 6 d .; the goods of Philip Joseph Marie John Baptiste Pavia ; and that he had been before convicted of felony.

PHILIP JOSEPH MARIE JOHN BAPTISTE PAVIA . I am a tobacconist, and live in High-Holborn. I had some cigar-cases and cigars safe about seven o'clock, on the 19th of Jan.—I missed them about half-past—these are them.

THOMAS FISH ( police-constable E 43.) I stopped the prisoner with these things on the 19th of Jan., about nine o'clock in the evening.

Prisoner. A person met me, and said, "If you will carry this I will give you something." Witness. He said he had them given to him, but did not say by whom; he said he was going to take them to Baldwin's-gardens; I went there, and found it was an empty house.

JOHN ABREY ( police-constable G 117.) I produce a certificate of the pri soner's former conviction, which I got from Mr. Clark's office—( read )—the prisoner is the person.

GUILTY . Aged 16.— Confined Six Months .

765. THOMAS SMITH was indicted for stealing, on the 25th of Jan ., I cart, value 2 l . 10 s ., the goods of John Cooper .

JOHN COOPER . I am a builder, and live in Newland-street, Pimlico. On the 13th of Jan. the prisoner came and asked me to let him have my cart to sell it—I said, "No, you shall not take the cart without you bring the money first"—he had had it before for sale—he did not bring me any money for it—I did not permit him in any way to take it—he came up to me on the 21st, and said, "I am very sorry, master, I have sold your cart, and lost the money"—I said, "As soon as I can see a policeman I shall give you in charge."

FREDERICK COOPER . The prisoner came and asked if I would let him have the cart—I said, "Not without my father's permission"—he went away, then came back, and said my father had given him leave, and I let him have it.

Prisoner. His father was at the Wellington; I went there, and he gave me leave to do the best I could, and told me not to bring it home if it was late, but to take it to Mr. Digby's—the next morning I went to his build ings in the Vauxhall-road, and did not see him; in coming back, I saw him, and spoke to him; he sent my brother to know whether I had told the cart; I told him when I met him that he should not lose a farthing; I would pay 10 s . a week; I do not live a stone's throw from him.

JOHN COOPER . It was above ten days before I cound find where he lived—I lost the cart on the 13th, and he did not come to me till the 21st.

Witnesses for the Defence.

STEPHEN SMITH . I am the prisoner's brother. The prosecutor sent down to me, to know if my brother had sold the cart, as he had bad it long enough to sell—I said I did not know.

GEORGE CURRY . About six weeks ago I met the prisoner in George-street—he said he was going to sell the cart and horse—he sold the horse, but could not sell the cart—he brought it back, and the prosecutor's son let him in at the gate.

NOT GUILTY .

756. GEORGE TAYLOR , DAVID KING , and WILLIAM WATSON were indicted for stealing, on the 13th of Jan ., 350lbs. weight of lead, value 2 l . 10 s .; 850lbs. weight of iron, 2 l .; and 1 sink, 10 s .; the goods of Sir Ro bert Fitz Wygram, Bart. , and fixed to a building.—2nd COUNT , not stating it to be fixed.—Four other COUNTS , stating it to belong to William Reid and others, and William Blencowe.

MESSRS. BODKIN and DOANE conducted the Prosecution.

WILLIAM THORNTON . I am a painter, and live in Hatton-wull. Enrly in the morning of Thursday, the 20th of July, I saw King come out of No. 27, with part of a cast-iron furnace—there was a van at the door, and King gave it to the van-man—Taylor then brought out some iron bars of the furnace, and gave them to the van-man—Taylor then came out, accompanied by Watson, with a sack containing the lead of a water-closet—he gave that to the van man—Watson and King brought out the lead lining of a cistern—I went up to Mr. Knot, at Mr. Reed's, the brewhouse—I then found Fink, the police man—he came to the house.

JOHN FINK ( police-constable G 47.) Thornton made a communication to me—I went to No. 27, Hatton-wall—I found a van at the door—I saw Tay lor bring out a sack—I got into the van, and found it contained lead—it appeared to be the bottom of a water-cistern—I found three other sacks in the van, containing pipes, and part of a water-closet—I fitted these things to what remained on the premises, and they corresponded exactly—I went to the house—Taylor shut the door in my face—I got another officer, and got into the house—I there found Taylor—he said I had no right to interfere with people moving their own property in open day-light—I saw Watson in the shop, and King in the parlour—I asked Watson what he was doing—he said he merely came in to be shaved—King said he was a lodger, and they had nothing to do with the moving, they were only employed by the landlord to move the things—there was not the slightest appearance of shaving—some part of the shutters were down, and some up—I sent for Mr. Knott, the managing clerk of the brewery—King then said he wanted some thing to drink, and ordered coffee of the woman in the parlour, and they all partook of it—I went over the premises—in the back-house the whole of the roof was off, and the furnace and iron-work was gone—the lead I found fitted it—Mr. Knott came, and gave the prisoners in charge—as we were going

along, Watson said he assisted in moving the things, and was to hare some thing to eat and drink for his trouble—there was 350Ibs. of lead in the van, a stone sink, and 850lbs. of iron.

JOHN KNOTT . I am managing clerk to William Reid and others, brewers—No. 27, Hatton-wall, is their freehold property. On the 13th of Jan. the policeman sent for me about half-past nine o'clock—I went, and found them in the state described, and the van loaded—the damage is to the amount of 60 l .

Taylor. Q. Did you not come into my shop, and represent yourself as the landlord? A. As acting for the landlord—you refused to let me see the pre mises when I came—the neighbours said you had been stripping lead from this roof, and I came, and asked to see it—you said you had orders not to let any one see it.

Taylor's Defence. When I took this shop, this landlord had applied to the house of call for a hairdresser; I was directed to this house, and was kept till twelve o'clock; when Cameron came he wanted to detain the house, and to employ me in it; I did not like it; he allowed me the shop at 5 s . a-week, and I was annoyed by one and another representing themselves as landlord; I left it, and had been out a day, and Cameron coaxed me back again; I came back in the morning of this transaction; I did not lodge in the place; I came in, and saw this van at the door; the landlord had told me the night before, that he had some men coming; he had lodged in the house, and that morning he asked me if I would lend a hand to these things; they were all in the passage; at first I refused, but he said he would pay me for so doing.

King's Defence. He came, and asked me to move a few things from the passage to the van, and I did so.

Watson's Defence. I went there, and found the landlord; he asked me to assist in moving these things; I had not been there above ten minutes before the policeman came.

JOHN KNOTT re-examined. I have seen a person In the place, who said his name was Cameron.

TAYLOR — GUILTY . Aged 24.

KING — GUILTY . Aged 46.

WATSON — GUILTY . Aged 30.

Confined Six Months .

757. THOMAS SMITH was indicted for stealing, on the 26th of Jan ., 2 pictures and frames, value 5 s ., the goods of Wilkinson Moore ; to which he pleaded

GUILTY . Aged 57.— Confined Three Months .

758. GEORGE RATHBONE was indicted for stealing, on the 21st of Jan ., 12 shirts, value 1 l . 1 s ., the goods of Eliza Ann Plum .

EDWARD SULLINGS . I am in the employ of Mr. Peggs, a confectioner, in Whitechapel-road. On the 21st of Jan., about twelve o'clock at night, I was in the shop of Eliza Ann Plum—I saw the prisoner take twelve shirts from the counter, and throw them down outside, and two boys outside took them—one of them dropped the bundle—I ran, but did not take either of them—I took the prisoner in the shop.

CHARLOTTE PLUM . I live with my daughter Eliza Ann Plum, who keeps a hosier's shop in Whitechapel-road. There were three bundles taken—the other two are quite lost—I picked up the bundle that was dropped just out side the door—I am quite sure these are my daughter's shirts.

Prisoner. I went to buy a shoe-lace, and while I was there, some one must have come in, and got these; there was no one outside; the lady left me at the door, and I did not move. Witness. I was in the act of giving him

change—I saw something, and ran to the door, and took this bundle up—I turned to the prisoner, and told him he was one of the boys, but I did not know that he was the one that took them—they had been on the opposite counter to me, about three yards from the door—the prisoner must have turned round to get them—there was no one in the shop but the prisoner and I—there had been another, but he went out before the prisoner came in.

EDWARD SULLINGS re-examined. I ran after the other two, and Mrs. Plum detained the prisoner in the shop—I am sure I saw the prisoner move the bundle to the other two.

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

759. JOHN BOWEN was indicted for stealing, on the 15th of Jan ., 1 pocket-book, value 6 d .; and I shilling; the property of Jane Gottfred , from her person.

JANE GOTTFRED . On the afternoon of the 15th of Jan., I was in St. Andrew's Scotch Church, Philpot-street, Stepney—my gown was cut, and I lost several things out of my pocket, amongst which was a pocket-book, and a shilling in it—the prisoner sat next to me—this is my pocket-book, and this letter was in my pocket.

JAMES WHARF ( police-constable K 57.) I had the prisoner the next day, in custody on two other charges—I found this pocket-book, and this letter on him.

GUILTY . Aged 18.— Confined Three Months .

760. THOMAS HIGGINS was indicted for stealing, on the 19th of Jan ., 1 till, value 1 s .; 15 pence, 45 halfpence, and 65 farthings; the property of William Birnie : and that he bad been before convicted of felony.

JOHN BALLAM . I am journeyman to Mr. William Birnie. On the 19th of Jan. I was in the bakehouse, and heard my mistress call—I ran up, ran out, and saw the prisoner running with the till under his arm—a witness stopped him—I came up and found the till on him—it was my master's, and there were pence, halfpence, and farthings in it.

WILLIAM DENNIS . I stopped the prisoner with the till under his arm—he was running as fast as he could—I asked where he got it—he said some boy brought it out of the shop and put it on bis head—I did not see any one but him.

JANET BIRNIE . This is my son's till—his name is William Birnie—I saw it safe that morning, and it contained pence, halfpence, and farthings.

Prisoner's Defence. I was going by, a young man stopped me, and said, "Here is a box, you may have what is in it;" I was going along, and a gen tleman stopped me; this lady said she saw me in the shop; I was never in it in my life.

WILLIAM HIGH ( police-constable K 242.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—( read )—the prisoner is the person.

GUILTY . Aged 17.— Transported for Seven Years—Convict Ship .

761. MARY BARNETT was indicted for stealing, on the 17th of Jan ., 1 counterpane, value 6 s .; 1 sheet, 1 s . 6 d .; 1 table-cloth, 1 s .; and 1 flat-iron, 6 d .; the goods of Ann Smith .

ANN SMITH . I live in Ashton-street, Poplar. The prisoner hired a room of me, and left on the 17th of Jan., without paying her rent—I missed my counterpane, sheet, table-cloth, and flat-iron on the 18th—these are them.

JOHN WILLIAM FORELAND . I am a pawnbroker. I have the sheet and counterpane—the counterpane was pawned by the prisoner.

Prisoner. A man who was living with me pawned the counterpane—I did

not go in with him. Witness. You pawned the counterpane while the man was at the door.

JAMES BENNETT . I am a pawnbroker. I have a table-cloth and flat-iron; to the best of my belief, the prisoner is the person who pawned them.

GUILTY . Aged 27.— Confined Four Months .

762. JAMES DONNELLY was indicted for stealing, on the 31st of Jan ., 1 pint and a half of gin, value 2 s ., the goods of Richard Blake .

JANE BLAKE . I am the wife of Richard Blake—the prisoner was in my service. On the 31st of Jan. I came down in the morning, and my little boy told me something—I found a pewter pot and a stone bottle full of gin.

GEORGE BLAKE . I live with my parents. I saw the prisoner take two bottles off the end of the counter, draw a pint of gin, and put it into the bottles—I told my mother, and she found it under the counter.

Prisoner. I got the funnel from him; I was going to take it to the shop; I said I would pay for the gin when the money came; he gave me the bottles. Witness. He took the pot and drew the gin out of the tap on the counter—he saw I was watching him—I gave him the funnel.

NOT GUILTY .

763. JOHN COLLINS and JAMES WILLIAMS were indicted for steal ing, on the 16th of Jan ., 330lbs. weight of pork, value 5 l . 12 s .; and 1 cask, 2 s .; the goods of John Hutley .

EDWARD HANSON . I am carman to Mr. John Hutley, a wholesale cheese monger, in Broad-street, St. Giles's. I put out a cask of pork from half-past six to seven o'clock on the 16th of Jan.—I saw it safe about seven, and a little after eight it was missing—the pork was worth 5 l . 12 s ., and the cask 2 s .,—this is the cask—here is my master's mark on the head of it

WILLIAM CHADWICK ( police-sergeant F 2.) I was on duty in High-street on the 16th of Jan., just before eight o'clock, nearly opposite the prosecu tor's shop—I saw the prisoner Collins and another man go to the prose cutor's shop, roll away a cask, and take it to the comer of George-street—they then went and spoke to Williams, who was walking up and down in sight of the prosecutor's shop—I am sure he was in sight of it when Collins and the other man were rolling the cask away—he did not touch it, but they left it and went and spoke to Williams—he walked to the shop, looked in, and then came to them again—then they commenced rolling it away—when they got to George-street, I saw a truck—Collins had hold of the bottom of the cask in the truck, and the other man had hold of the handle to pull it down—they then saw me—the other man ran away, and I caught hold of Collins, and asked what he was going to do with it—he said he did not know—I expect Williams was at that time against the shop.

Cross-examined by MR. PAYNE . Q. Had Williams anything with him? A. No—I had not seen him before.

WILLIAM CHADWICK . I am a police-inspector. I stopped Williams near the prosecutor's shop—I told him he must come to the station—he said he knew nothing about it—I had not said any thing to him previously.

Cross-examined. Q. Had you been to Mr. Hutley's shop before you went to Williams? A. I had—I went and told him he must come with me to the station—that was directly after I came from the shop—he was about three or lour yards from the shop.

ELLEN REARDON . I keep an apple-stall opposite the prosecutor's shop. Williams came to me about a quarter-past seven o'clock—he said, "Did you see a wagon with eight horses?"—I said, "No"—he said he came up three times a week, and he wanted to take six of them—he put his hand on the cask, and then he put his foot, and rolled it a little—I did not see Collins.

Cross-examined. Q. Did you know Williams? A. No—I never saw him before—I have been sitting in that street about fifteen years—Williams was talking to me about ten minutes—there were not a great many persons about—I never told anybody what I had heard till next morning, when the shopkeeper asked me about it—when Williams pushed the cask, I went away—I generally stand in one place in St. Giles's—I was not there when the officer took Collins—I went away two or three minutes after Williams spoke to me.

STEPHEN CALCOTT . Collins hired a truck of me that evening.

Collins's Defence. I was coming along St. Giles's; a respectably dressed man told me to go to the Spur Inn, in the Borough, to fetch two boxes and a beds ead, for 2 s .; I agreed to do it; I went and got the truck, and when we came to the corner of George-street, he said, "We will go and have a drop of gin;" we did, and then he said, "I have got a cask to leave on the road;" he left me with the gin, and was gone six or seven minutes, and when he called me the cask was at the tail of the truck; I was lifting it up, and when the man saw the policeman he ran away and left me; I never saw Williams till he was taken.

COLLINS — GUILTY . Aged 38.— Confined Six Months .

WILLIAMS **— GUILTY . Aged 44.— Transported for Seven Years .

764. ELEANOR HILL was indicted for stealing, on the 13th of Jan ., 1 blanket, value 5 s .; and 3lbs. weight of feathers, 3 s . 6 d .; the goods of Martha Capel .

MARTHA CAPEL . I am a widow, and live in Fox's-lane, Shadwell. The prisoner lodged with me, and left on the 13th of Jan.—I afterwards missed my blanket and these feathers—these are them.

JAMES MOODY . I live with Mr. Smaller, a pawnbroker. I produce a blanket, and some feathers in a pillow, pawned by the prisoner.

Prisoner. The blanket she gave me leave to pledge; she went by the name of Mrs. Collier.

MARTHA CAPEL re-examined. I did not give her leave to pledge it—the prisoner ran away, and left the duplicate in a drawer—I went by the name of Collier when I took the house—I lived nearly twenty years with a person of that name, bnt my name is Capel.

NOT GUILTY .

765. JOHN SCHMIDT was indicted for stealing, on the 31st of Jan ., 1 jacket, value 4 s ., the goods of Nicholas Marquand ; and 1 coat, 7 s ., the goods of Robert Walton , in a vessel in a port of entry and discharge.

ROBERT WALTON . I belong to a schooner lying in the Regent-canal. The prisoner came alongside of it on the 31st of Jan.—I afterwards missed my coat and a jacket—this is my coat.

NICHOLAS MARQUAND . This is my jacket—it was on board the schooner.

GEORGE TUCKFIELD . I am an officer. I stopped the prisoner about half-past ten o'clock in the evening, on the 31st of Jan., with these things—I asked what he had got—he said it was all his own—I would not let him pass with them.

(The prisoner received a good character.)

GUILTY . Aged 19.— Confined Three Months .

766. WILLIAM HENNETT was indicted for stealing, on the 30th of Jan ., 1 pair of boots, value 17 s ., the goods of David Jehu .

JOHN MARTIN BASS . I am servant to David Jehu, a shoemaker in Jamaica-terrace. On the 30th of Jan., I saw the prisoner peep three times, and the third time his mate unhooked a pair of boots, and gave them to the

prisoner—the prisoner ran to the bottom of the street—I followed, crying "Stop thief," and saw him throw the boots away—my master's son picked them up.

DAVID JEHU . These boots are my father's—I ran after the prisoner, and saw him throw them down.

Prisoner's Defence. I saw a pair of boots on the pavement, and the pro secutor running down the street; I took them, and could not see the boy; I ran and put them down again.

(The prisoner received a good character.)

GUILTY . aged 21.— Confined Three Months .

767. FREDERICK BIGGS was indicted for stealing, on the 31st of Jan ., 3 printed books, value 4 s . 9 d ., the goods of Alfred Dormer Nash .

ANN DAVEY . I am shopwoman to Mr. Alfred Dormer Nash, bookseller, Seymour-street, St. Pancras. I missed these three books from outside my door—they were safe on the Saturday before they were lost.

JAMES HERSEY ( police-constable S 144.) I produce these books, which I found on the prisoner last Tuesday.

Prisoner's Defence. I met two boys who I knew; they asked me to sell some books for them; I asked if they stole them; they said no; I went to a shop to sell them; they said they were no good, they were so old.

GUILTY .— Confined One Month .

768. PHILLIP HIBBITT was indicted for stealing, on the 28th of Dec ., 1 box, value 6 d .; 25 sovereigns, 100 crowns, 200 half-crowns, 300 shillings, 200 sixpences, and 300 groats; the property of Benjamin Worthy Horne and another, his masters.—2nd COUNT , stating it to be the property of Joseph Roundtree .

MESSRS. BODKIN and PAYNE conducted the Prosecution.

JOHN CASSON . I live with Mr. Joseph Roundtree, a grocer, on the Pave ment, at York. On the 27th of Dec, I sent a box to Mr. Stereker, of Budge-row, containing 75 l . in silver, and 25 l . in gold—I counted it myself, and saw it put into the box—the silver was wrapped in 10 l . parcels—there were 3 l . 10 s . in fourpenny-pieces—it was all packed up in the box, and some shavings put into it—the box was about six inches long and five deep—I saw it corded, and directed the only card which was nailed on was to William Stere ker, No. 13, Budge-row, London—I gave it to Christopher Robinson, to take to the railway station.

CHRISTOPHER ROBINSON . I am in the service of Mr. Roundtree, of the Pavement, York. On the 27th of Dec., a box was delivered to me by Cas son—it was directed "William Stereker, Budge-row, London"—I nailed the lid on, and took it to the railway station.

HENRY RODGERS . I am passing-clerk of the York station. On the 27th of Dec., I received a box directed to Mr. Stereker—I entered it in the way-bill, "Box, Stereker"—this is the way-bill—I gave it to the guard of the carriage.

THOMAS BRAMLEY . I am guard of the York and North Midland train. I received the parcel to go to Budge-row, and this way-bill—I took the box of the clerk—I put it in the van, and locked it, to come to London.

Cross-examined by MR. DOANE . Q. Do you really remember that par ticular box? A. Yes—it was Tuesday evening when I put it into the van—I was asked about it on Friday, at York.

JOHN COOPER . I am clerk of the parcels' office of the London and Bir mingham Railway Company, Euston-square. The parcels are called over to me from the way-bill—I remember this way-bill being received on the 28th of

Dec.—I saw the name of "Stereker, box," on it—I wrote on it, Budge-row, according to the direction on the parcel.

Cross-examined. Q. Did you see the box yourself? A. I did not—I can not say how many men were employed at the time this train came—perhaps there might be four or five men within the compass of three or four yards—all the parcels are pitched in a heap on the floor, and each man picks out his own—Mr. Davis is managing clerk for Messrs. Horne and Chaplin—I have beard that he refuses to take silver from the men.

JAMES SMITH . I am porter to the London and Birmingham Railway Com pany at Euston-square. On the 28th of Dec. I was present when the parcels were called over which arrived by the train from York—they were handed to one of Home and Chaplin's men, (I do not remember which)—each of them fetch them away as they are called over.

JAMES THORGOOD . I am in the employ of Home and Chaplin, carriers. I live in Seymour-street, Euston-square—the prisoner was in their employ on the 28th of Dec.—I remember leaving the railway station at half-past seven o'clock that morning with the prisoner—we had a cart—there were parcels in the cart—the prisoner drove the horse, and I sat by his side—I remember a box being put in at Euston-square station, directed to Mr. Stereker, Budge-row—I sorted that with other parcels—the direction was nailed on with five tacks, and tied round with cord—it appeared to be a rather heavy box—the cart was driven to the Old Bailey—I remember there seeing the parcel—I left the cart to deliver a parcel in Prujean-square—I was gone about five or ten minutes—when I returned I found the cart was standing at Mr. Fenn's door, in Newgate-street—the prisoner was not with it, but standing at the corner of the Magpie and Stump—I asked why he left the cart—he said he left some one in charge of it—I did not see any one in charge of it—the prisoner and I then went to the cart—he asked if I would go and do something in Pater noster-row, and I asked him to take a parcel to Fisher's, in Newgate-street—I left him in Newgate-street, and I took the cart to Paternoster-row—he ap pointed to meet me at the corner of Queen-street, Cheapside—when I left him, he turned round to go towards the Magpie and Stump—when I got to Paternoster-row, I looked for the box, and it was gone—I had seen it in the cart when we stopped in the Old Bailey—after delivering the parcels in Paternoster-row I went to Queen-street, and saw the prisoner there—his brother and Cottrell were with him—I asked him whether we had not a parcel directed for Mr. Stereker, Budge-row—he said, "No, that was yesterday, or the morning before"—I said, "I think we had one this morning"—he did not go any further with the cart, he said he was not very well—he had had rather too much to drink, and he asked me if I would go with the cart—Cotterell was to go with me—it was the prisoner's duty to have gone through with the cart, and delivered the parcels with me—in the evening of that day I found, at the bottom of the cart, the direction of "Mr. Stereker, Budge-row"—I put it in the bottom of the cart again—the next morning I told the prisoner I had found a direction to Mr. Stereker, Budge-row—he said that was the name he had got one charged to in his book, and asked what I had done with the direction—I said I had left it at the bottom of the cart—he asked me to get it him—I told him I would, as soon as we got rid of some of the parcels—I found it the same morning, and gave it to the prisoner—he tore it up, and told me to swear that I never saw the parcel—on the Saturday I communicated this to my brother—I and he went to the railway station.

Cross-examined. Q. About how many parcels were there when you put them in the cart? A. Between fifty and sixty—this was rather a dirty box, the cord was tied round tight, I took particular notice of it—the direction

was nailed on with five nails—I did not hear the gentleman call out this par cel—it was with the other parcels when I came to the station—it is a common thing, when we go out, for one to take a direction of two or three streets, and another some others—I delivered a box, wrapped round with cloth, at Pru-jean-square, and five or six parcels in Paternoster-row—none before I got there—I missed the box before that, on my first stopping—it had been on the right-hand side of the cart—there were other parcels by the side of it—it was standing on the top of parcels, there was nothing upon it—I found Cottrell in Queen-street, and the prisoner's brother—I did not hear Cottrell undertake to do the prisoner's work for him—he did do it—he was standing at the side of the horse when I asked the prisoner if we bad not a parcel for Budge-row—I said I could not see it in the cart—I missed it, but I was not certain whether the prisoner had taken it—I told him, "There is a parcel gone, that I am sure of"—we joined company again about four or five hours after, in Gray's Inn-road, and then he appeared to have recovered from his drunken ness—the cart had one parcel in it then—Cottrell rode in the cart—I found the direction at the bottom of the cart, between two and three o'clock—Cot trell got out a little after three—he was inside when I arrived at the Globe-inn, and then the cart was empty, except one parcel—I cannot say where Cottrell sat, because I was driving, and did not look round to see—he was not sitting by the side of me, he must have been inside, where this direction was—I did not go and tell any one, "Here is the direction of the box that is lost"—it was nine at night that I found it, when I was in Bishops gate-street—on Friday, about three, Mr. Dawson, our superintendent, asked me something about it—I told him I did not know any thing about it—I did not tell about my finding a direction, and putting it back—I told my brother something on Saturday—there was a great stir about the negligence of the porter about this parcel—I told my brother, because I had told Mr. Dawson a falsehood about it—there was no straw at the bottom of the cart.

MR. PAYNE . Q. Why did you tell Mr. Dawson an untruth that you after-repented of? A. Because the prisoner told me I should get into trouble if I said anything.

GEORGE KENT . I am a blind-maker, living in Kensington-row, Gray's Inn-road. I went to the Pinder of Wakefield, in Gray's Inn-road for change—the landlady said she could not give it me—I got change from a man there—I cannot say exactly what it consisted of, but a great deal of it was fourpenny-pieces—the man who gave me change was in company with another—I should know the other man—I believe the prisoner is the man who gave me the change.

Cross-examined. Q. Will you undertake to swear to him? A. I will not.

WILLIAM STOWTON . I keep the Globe, in Darby-street, King's-cross. I remember, on Wednesday, the 28th of Dec., Thorogood coming from a cart with a man—he had some communication with the prisoner there, who had been there before—Barker was with him—they came between two and three o'clock—the prisoner was not sober—the prisoner asked me to change 2 l . or 3 l . worth of silver—I only took 1 l .—there were 12 s . or 14 s . worth of four-penny-pieces among it—I said, "I have so many joes already, I won't take any more"—I gave one sovereign for 1 l . of silver.

Cross-examined. Q. Did you take any fourpenny pieces? A. Not one—I saw them.

THOMAS BARKER . On the 28th of Dec. I went with the prisoner to the Pinder of Wakefield—he had 1 l . worth of silver—I gave change for a sove reign, because the landlady would not take it—I gave that 1 l . worth of silver for the sovereign—the prisoner put the silver there—it consisted of shillings and 10 s . or 11 s . worth of fourpenny-pieces—we had been to the Globe before—we took them there because they would not take them at the Globe.

Cross-examined. Q. What was the whole amount of fourpenny-pieces? A. I think there were 10 s . worth—I live in Greville-mews.

WILLIAM THOROGOOD . My brother made a communication to me, on Sa turday, about something that had happened to Messrs. Chaplin and Horne, in consequence of which I went up to the station, and made a statement there.

JOHN SAVAGE . I keep the Rising Sun, in Somers-town. A. few days after Christmas I gave the prisoner a 5 l . note, and he gave me 5 l . of silver—there were no fourpenny-pieces among them.

Cross-examined. Q. How long have you known him? A. He has been in the habit of bringing me change all the last summer—I always thought him to be a well-conducted, honest man.

FREDERICK ALDHOUSE . I am clerk to Home and Chaplin. The prisoner paid me his accounts up to the 27th of Dec.—we always asked them to bring at much gold as they could.

BENJAMIN COTTRELL . I am porter at the Cross Keys, Wood-street. On the 28th of Dec. I drove the prisoner's cart—I first saw him between Wood-street and Milk-street—he was talking to somebody—he asked me to go with the cart and the boy—I refused to go at first, but afterwards consented, from the persuasion of the prisoner's brother—I went down Cheapside to the corner of Queen-street.

Cross-examined. Q. Was not the reason the brother gave that he was not fit to do duty, as he had been drinking too much? A. Yes; he was intoxi cated—it was very near ten o'clock in the morning—the boy did not say to me that he had lost a parcel.

JAMES BARRY . I am superintendent of the police of the London and Bir-mingham Railway. I took the prisoner, on the 2nd of Jan., at Mr. Horne's private house, in Bedford-row—he said he was very much distressed, and had pawned his watch to make up his accounts, which I afterwards found to be untrue—I found 2 l . 10 s . in gold, 1 l . 0 s . 2 d . in silver, and some copper on him.

THOMAS THOROGOOD re-examined. I do not think we took any fourpenny-pieces on the 28th—we do not generally get more than six or seven in a day—he had not drank anything with me on the road—he was quite sober when he got to the Old Bailey.

(Edward Way, of Sun-street, Bishopsgate; and—Ewell, potato-dealer, Pit field-street, Hoxton; gave the prisoner a good character.)

GUILTY . Aged 26.— Transported for Seven Years .

769. HENRY LONSDALE and GEORGE ROBINS were indicted for stealing, on the 26th of Jan ., 1 sixpence, the money of Thomas Marriott , the master of Lonsdale.

MESSRS. BODKIN and DOANE conducted the Prosecution.

ESTHER MARRIOTT . I am the wife of Thomas Marriott, and carry on business in High-street, Bloomsbury; Lonsdale was in our service, as bar man for about three months. On the 26th of Dec. eight shillings and three sixpences, marked, were given to me by my husband, about five o'clock in the afternoon—I cleared the tills, and put the marked money in—I left the bar—there was 6 s . 6 d . in one till, and two shillings and two sixpences in the other—I saw Beresford, the inspector, in front of the bar after I put the money in—three customers came to the counter—I saw them served—I did not see what they had—after they were served, I ran to the tills, and there was no disturbance in the tills, and no increase—the silver was not moved—my at tention was only drawn to the silver.

Cross-examined by MR. PAYNE . Q. Where was the copper? A. In a separate till by itself—it is the same drawer, but there are partitions.

HENRY BERESFORD . I am an inspector of the C division. On this day I went with a gentleman to the prosecutor's house, a few minutes before five o'clock, in consequence of a communication I had with him a few days before—I was in disguise—I had been in seven or eight minutes, when two persons came to the wholesale counter—one called for a glass of spirits—a quartern of liquor was drawn by Lonsdale—while he was serving them across the counter, directly he drew it, he whispered to them—one of them put down a shilling—he dropped it into the till—the moment the money was given—he gave a shilling back and some halfpence—Robins then came in—they were all three together—Lonsdale, without asking a question, or any thing being said on either side, took a small liquor-glass, drew it full, and set it on the counter—they were all close together—Robins put down a sixpence on the counter—Lonsdale took it up and dropped it into the till—he then put his left hand into the halfpence, shook them, and never looked at his hand at all, but put some halfpence down, and took out the sixpence, and laid it down beside them—Robins took them up, and as he left the bar, put them into his right hand trowsers pocket—I went out at another door close by, and seized him with his hand in his pocket—I found 6 3/4 d . in copper, and a sixpence on him—I then took Lonsdale—in going down Queen-street, Robins asked him whether he thought it would hurt his character, or whether he could get bail—he said, "Hold your tongue, you b----y fool; whatever you have to say, say it irt another place."

Cross-examined by MR. PAYNE . Q. Where were you? A. In front of the bar—I had something to drink—Mr. Aldhouse, by my directions, called for it—I should say I was about three yards from where Robins was stand ing—it is a cross counter, and comes to an angle—I had my eye directed to what was going on, I swear I saw this sixpence, given by Robins, put into the till—Lonsdale took the halfpence out with his left hand, and took the sixpence out with his right.

HENRY ALDHOUSE . I was there by direction of Mr. Beresford—I have heard what he has stated—it is correct.

Cross-examined by MR. HUDDLESTON . Q. Did Lonsdale ring the six-pence? A. No, he put it into the till directly—I believe it was laid on the counter, and taken up—I know he dropped it into the till—I saw him pick it up—it was laid on the counter, to the best of my knowledge.

Cross-examined by MR. PAYNE . Q. Are you sure it was a sixpence that was given? A. Yes, I am sure it was not a shilling—I was three yards off.

NOT GUILTY .

770. JAMES WILLIAMS was indicted for stealing, on the 9th of Jan ., 4 shillings, the monies of William Michael Davis .

MESSRS. BODKIN and PAYNE conducted the Prosecution.

ROBERT LINCOLN . I am in the service of William Michael Davis, of the Blue Posts, Berwick-street. I had been there seven months—I had been there when a man named Ashton was barman—he went away in Oct.—I had seen the prisoner there during the time Ashton was there—I knew him—I met him going up Broad-street, nearly three months before he was taken into cus tody at the latter end of Oct.—he asked me if I wanted any money "worked" for me—I said no, I did not want any—he said it would be a great deal to my interest if I worked any—I said no, I never worked any, and did not wish to have any worked for me; that was all I said to him at that time, and we parted—I had heard "worked money" spoken of by my master, and had

read about it in the newspaper—I communicated to my master what had passed between me and the prisoner—about six weeks after my first conversation the prisoner came to my master's house—my master was in the bar at the time—he did not say anything then—on the 5th of Jan, my master gave me directions, in consequence of which I went to Lambeth-square, New-cut, where I thought I could find the prisoner—he was not in the way, am I wrote this note by my master's direction, and left it for him—( read —"Mr. Williams will greatly oblige me by calling on me at Mr. Davis's, Blue Posts, Berwick-street, as I have got a little business for you to do for me upon what you spoke to me about a little while ago")—I left it about five in the even ing—about half-past seven he and his wife came to my master's house—I saw them outside the door—the prisoner came and patted me on the shoul der—I said I did not expect to see him down so soon—he said directly he got the note he came down—I asked if he could come on Saturday evening—he said perhaps I could give him something that same evening—I said he could come in if he liked—he came in, and bought some liquor with a six-pence—I gave him the proper change—he came a second time the same even ing—I drew him a glass of liquor—he put down a shilling, and said, "On to it now"—I did not give him any more money than he was entitled to then—on the following Sunday I saw him in the street, and walked with him along Compton-street, and down Covent Garden-market, into the Strand—I went to the Red Lion there, and had a conversation with him about Ashton—an arrangement was made between me and him that he was to come down that evening, and come in once or twice in the evening, and I was to give him what I could each time—he said he was to put down a shilling, I was to take it up, make a pretence of putting it into the till, take out two or three more, and place it on the counter, end he was to take it up, and if he was to come in again, I was to rub my arm, if not, I was to put out my finger—I told my master all that had passed—the prisoner came in twice during that evening—on the Monday he was to come again—I saw some money marked, and put into the till—he came between seven and eight in the evening—an officer was sent for—the officer had arrived when the prisoner first came in that evening—I did not give him any money the first time—he came in again and bought a pennyworth of gin—he put down a shilling—I then gave him four marked shillings, the shilling he gave me, and 3 1/2 d .—directly my hand was off it, he took it off the counter and put it into his right hand pocket, and was going to walk off with it, when he was seized by the officer.

Cross-examined by MR. PRENDERGAST . Q. You seem to know the mean ing of working money? A. I had heard it spoken of many times in the house, not among the pot-boys, but by my master—it was the common talk of the shop before the prisoner mentioned it—my master spoke of it when he suspected Ashton of robbing him—he said he could not think how the money could be worked for him to lose the money he did by Ashton—I am quite sure he said that—I mentioned the conversation I had with the prisoner to my master the same day, and nothing further was done—I am not related to my master—I had not been a public-house boy before I lived with Mr. Davis—I was boots at an hotel—I never heard of working money till my own master told me what it was—none of the conversation between me and the prisoner took place in my master's house—the Red Lion is a house that the prisoner pro posed to go to on the Sunday—there were several people standing in that house.

WILLIAM MICHAEL DAVIS . I am Lincoln's master. In consequence of information from him, I marked ten shillings on Monday, the 9th of Jan., and put them into the till—some of them were afterwards produced to me by

Beresford, the officer—Lincoln had previously made communications to me on the prisoner's propositions to him—he acted in this with my knowledge and consent, and by my directions.

Cross-examined. Q. You told him to do all that he has done? A. Yes—I gave him directions to give the prisoner the money in the way he has done—I do not recollect that I told him to write the letter, but I told him to call upon the prisoner and renew the connexion—I first heard from him about this some time in the month of Oct.—I cannot say the day—it was the day the prisoner communicated with him—it was between two and three months before the letter was written—I had not an opportunity of having anybody placed to hear any conversation between him and the prisoner, but after the first con versation I felt an anxious wish to bring the prisoner to justice.

HENRY BERESFORD . I am an inspector of the C division of police. On the afternoon of the 9th of January I saw the boy Lincoln come out, and the pri soner was standing at the corner of Compton-street—I went on the following evening to the house—the prisoner came in—I searched him, and found on him five shillings and some copper—the next morning he wanted to have some coffee—I said, "No, I must keep this money"—he said, "It is my own money, I brought out six shillings, and I changed one shilling"—when I first seized him I found the money in his pocket—I showed it to Mr. Davis, and he identified four shillings of it as his money—the prisoner had just got to the door, when I seized him—he was not out.

Cross-examined. Q. And in fact he had got the money in bis hand? A. It was in his pocket—he had his hand in his pocket—I took his hand out and put my hand in, and took the money—I cannot say whether his hand was closed—I told him to take his hand out—I watched him all the time—when he received the money from the boy he closed his hand upon it, and put it into his pocket—I found on him the five shillings and 6 1/2 d . in copper.

MR. DAVIS re-examined. These are four of the shillings I marked and put into the till with six others, which I have in my pocket.

GUILTY . Aged 30.— Judgment Respited.

Fifth Jury, before Edward Bullock, Esq.

771. HENRY BAKER was indicted for assaulting John Blundell , an officer of police, in the execution of his duty; to which he pleaded

GUILTY . Aged 29.— Confined Four Months .

772. AMELIA GILLINGS was indicted for obtaining goods by false pretences.

JANE ANN SHEPHERD . I am barmaid at the Dover Castle, in St. George's in the East, which is kept by Mr. Abraham Watson. The prisoner came there on the 6th of Jan., about half-past eight o'clock (I never saw her be fore)—she said, "I want half a pint of gin and a pot of porter for Mr. Mace, next door to the baker's shop"—I served her—she came again, and said she wanted another half-pint of gin and a pot of porter for Mr. Mace, who was out, and as soon as he came in he would send over the money, and she had it—she came again for another half-pint of gin and another pot of beer—I let her have it—I saw Mr. Mace afterwards—the next morning I saw the prisoner come with the empty pots—I asked her how she came to come for the gin and porter for Mr. Mace, when he did not send her—she said she knew Mr. Mace did not send, but a gentleman whom he knew did.

JOHN MACE . I am a lighterman, and live at No. 27, Church-row, oppo site the Dover Castle—I deal there for beer—I don't know the prisoner—I did not send her there for gin or beer on the 6th of Jan.

GEORGE CARR ( police-constable K 166.) I was sent for to the Dover Castle on the 7th of Jan.—I received the prisoner in custody—as we were going along she said she had fetched the things, and intended to pay for them at dinner time; that Mr. Mace did not send her, hut a friend of his did—I said, "Who was that friend?"—she said, "I will not tell—I fetched it myself, and I don't wish to get any body else into trouble."

Prisoner. I am very sorry for what I have done. I had but 2 s . for it

GUILTY . Aged 35.— Confined One Month .

773. HENRY HUNT was indicted for unlawfully obtaining 2lbs. of beef steaks by false pretences.

NOT GUILTY .

774. PHILIP GRIFFITHS was indicted for assaulting Stephen Gibbs and William Munns , on the 4th of Nov ., with intent to stab, cut, and wound them, to prevent his (the prisoner's) lawful apprehension.—2nd COUNT , stating his intent to be to do some grievous bodily harm.

MR. HOWORTH conducted the Prosecution.

STEPHEN GIBBS . I am game-keeper to Mr. Anderton. I was employed at South Mimms on a manor belonging to the Marquis of Salisbury, but let to Mr. Anderton—I was at Furzefield-wood on the 4th of Nov.—I saw the prisoner cutting the underwood—there was a great quantity of it cut and lying on each side of where he was—it was worth 1 s . 6 d . or 2 s .—Munns was with me—we came up to the prisoner—he ran into the wood—we ran after him—before I got up the prisoner struck Munns with a stick, and knocked his hat off—I came up and said, "Philip, is that you?"—he said yes, and he would rip me up with a knife—he struck at me—I fell back, and the knife ran up my waistcoat and jacket and touched my chin, but it did not enter my flesh, nor fetch blood—he then took up a brick and threw it at me—he made several attempts at us with hit knife, but we kept him off with our sticks—he said he would stab the first man that came near him; and as I knew him I thought it would be as well to let him go, and not to run any further danger.

Cross-examined by MR. CROUCH . Q. What time of night was this? A. From half-past five to six—it was dark—the prisoner was thirty yards off when I first saw him—he was cutting the birch—it was getting dusk, but was not dark—I saw it was a man with a white smock on, and I knew him as soon as I got near him, before any thing took place. Munns went one way and I the other—it was all thin wood—we could see him all along—I had a stick in my hand—I struck him with my stick, to try to knock the knife out of his hand, after he had tried to stab me—he attempted to stab Munns, and then I ran up and tried to get the knife out of his hand—I did not strike him before he used the expression of ripping me up—we after wards followed him on further—I asked where he lived; he said he had no home—I knew he lived in the village—he kept running one way and another, and swore he would rip us up—we were obliged to keep him off with sticks—the wood is composed of birch and oak—there might be acorns about, but no one has any right there—Mr. Warby rents the wood of the Marquis of Salisbury, and lets it to my master—it does not belong to Mr. White—his grounds are round the wood—a person passing through the wood might go to Mr. White's, but we allow no one to go through.

MR. HOWORTH . Q. This was on the 4th of Nov.? A. Yes, from half-past five to six o'clock—it was getting dusk—I did not know who the person was at first—I am quite sure I did not lose sight of him till I came up with him and Munns—I am sure the person I saw cutting the wood was

the prisoner—there is no foot-path through the wood to Mr. White's—I did not strike the prisoner with the stick, till after he attempted to stab me with the knife, which was after Munns had let him go—he was attempting to stab Munns in the face.

WILLIAM MUNNS . I was in Furzefield-wood on the 4th of November with Gibbs—I saw a person, and in consequence of what Gibbs said, I ran after the person—he got out of the wood, but I did not lose sight of him—I over took him—it was the prisoner—he had a stick in his hand—he struck at me—I put my arm up, and he knocked my hat off—I ran up to him, and got the stick out of his hand—I got behind him—he got a knife out of his pocket, and said, if I did not let go of him, he would run it into me—he struck at me six or seven times—I kept behind him, and got hold of his arm—Gibbs came up, and said, "Is it you, Philip?"—he said, "Yes," and then I let him go—he attempted to stab him, and I knocked him off—he said he would not be taken by anybody—he got out of the field over the hedge, took a brick and threw it at Gibbs—I saw Gibbs hit him on the arm in the field, and try to knock the knife out of his hand—after he got over the hedge, and threw the brick, I said to Gibbs, "It is not worth while to run the risk of our lives; you know him."

Cross-examined. Q. What time was this? A. About half-past five, or from that to six o'clock—the prisoner was about forty yards off when we first saw him—I could see at that distance what he was about—after I went up to him, Gibbs came up, and addressed him by his name—I let him go—he walked away, and we pursued him again—it was after we came up to him again that Gibbs struck him on the arm—he had attempted to stab me and Gibbs—he walked away a little, and Gibbs said he should go to Mimms cage—he said he would not be taken by anybody—Gibbs did not strike him before he had attempted to stab him—Gibbs held his stick up before him, he then made a stab at him, and then Gibbs hit him with the stick.

MR. HOWORTH . Q. Did he still keep the knife in his hand? A. Yes, and kept threatening us, as I have stated.

CARTER FAREBROTHER . I am land-steward to the Marquis of Salisbury—Furzefield-wood belongs to the Marquis. Gibbs is employed as game keeper of that manor—I gave him directions to look to the underwood, and see that no damage was done, that no person cut any or took it away, and to detect a person who was doing so—I authorised him to detect any person whom he might find there—I had authority from his lordship to do so—that manor is under my control.

Cross-examined. Q. This wood is in the occupation of the Marquis of Salisbury? A. It is—Mr. White is the tenant of the farm, but not of the wood—his land is on one side—a person coming from Mr. White's might come through the wood by trespass—there is no footpath—I gave Gibbs authority to watch the wood, in a verbal manner and in writing.

STEPHEN GIBBS re-examined. Q. Did you receive an authority in writ ing from Mr. Farebrother? A. Yes—I really do not know what has become of it—I searched for it, and could not find it.

Cross-examined. Q. How long is it since you received that written authority? A. I think it must be twelve months ago—I should think it has been lost these six weeks—I had an authority when this took place—it was lying on the mantel-piece then, but it got knocked down by the children, and got burnt—I did not see it burnt—the woman where I lodge said so—I did not expect it would be asked for—I searched for it a day or two after the case was before the Magistrate.

MR. HOWORTH . Q. You were asked for it? A. Yes—I went home and asked mistress for it, and could not find it.

GUILTY on the second Count. Aged 29.— Confined Six Month .

775. HANNAH PEARTON was indicted for obtaining goods by false pretences.

JAMES OSBORNE . I am shopman to John Fox Kemp, a grocer, at Uxbridge. I did not know the prisoner till she came on the 31st of Jan., about one o'clock, and said she wanted 1/2lb. of black tea and 1/4lb. of green tea, 2lbs. of butter, 61bs. of sugar, half a bar of soap, and 1/2lb. of tobacco, for Mr. Stilwell—I asked if it was for Mr. Arthur Stilwell—the said it was for Mr. Arthur Stilwell, of Moorcroft-house—I knew him, and then asked if she had brought the book—she said she had not, but she requested a bill, which I made out—she took the goods, went away, and left the bill on the counter—after she was gone I had some suspicion—I sent Gutteridge after her.

WILLIAM GUTTERIDGE . I am shopman to Mr. Kemp. I was sent after the prisoner—I had seen Osborne serve her—she is the person—I went to Mr. Stilwell's, and then after the prisoner—I knew where she lived—I knocked, and she came to the door—I asked her if she had been to Uxbridge—she denied having been there at all—I went to the house again with the officer—I asked her if she had been to Uxbridge—she said she had—her father asked her where the goods were—she brought them down stairs, and I gave her in charge.

GEORGE GODFREY . I am a constable. I went with Gutteridge to the prisoner's—Gutteridge asked if she had been to Uxbridge—the said, "Yes"—he asked if she had been, and got these goods by false pretence—the said, "Yes"—we asked her where they were—she said, up stairs in her bed-room, and she brought them down, and they were delivered to me.

JAMES OSBORNE re-examined. These goods are my master's.

ARTHUR STILWELL . I live at Moorcroft-house, Uxbridge. The prisoner was in our service six years ago—I did not send her for these article—they were not sent for for my house at all.

Prisoner. I am very sorry; I did it through distress.

GUILTY . Aged 24.— Confined Two Months .

776. SARAH GRIFFITHS was indicted for unlawfully concealing the birth of a child.—2nd Count, charging her with unlawfully disposing of the dead body of the said child.

GUILTY on the 2nd Count. —Aged 24.— Confined Three Months .

777. BENJAMIN HAYCOCK was indicted for stealing, on the 2nd of Feb ., 1 pair of boots, value 11 s ., the goods of Stephen Woodcock .

STEPHEN WOODCOCK . I keep a shoe-shop on Great Saffron-hill. On the evening of the 2nd of Feb., the prisoner came with three other persons, one of whom was named Simpson, who came for a pair of shoes he had left to be mended—I attended to him, and after that the prisoner asked me to measure him for shoes—I measured him, and then one of the others—the prisoner then left the shop, and my daughter told me something—I had missed a pair of boots from my door—I went, and found the prisoner in the White Horse—I accused him of stealing a pair of boots—he denied it—I said I would fetch my daughter—he then slipped off his jacket, and put it on the settle—I gave charge of him—I afterwards saw the boots in the officer's hand.

CHARLOTTE ELIZABETH WOODCOCK . I am six years of age. I know the necessity of speaking the truth—I remember the prisoner coming to my father's, while my father was measuring Spriggins—the prisoner had these boots in his

hand, which were hanging inside the door—I did not see what he did with them—he left the shop—I saw him put them under his jacket.

JOHN MARTIN . I live next door to the White Horse. I was in the yard between six and seven o'clock in the evening, on the 2nd of Feb.—I found this pair of boots on the wall.

CHARLES ELLIOTT ( police-constable G 139.) I saw the boots in the pos session of Martin—I took the prisoner into custody.

NOT GUILTY .

NEW COURT .— Tuesday, February 7 th , 1843.

Sixth Jury, before Mr. Common Sergeant.

778. THOMAS WHITEHEAD was indicted for stealing, on the 18th of Jan ., 2 trusses of hay, value 5 s ., the goods of John Miller , his master; and BENJAMIN SPICER , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.

MR. PAYNE conducted the Prosecution.

JOHN PARSFIELD . I live in Church-street, Lisson-grove, next door to Mr. Miller, who deals in corn and hay—Whitehead has been in his employ for the last month—on Wednesday evening, the 18th of Jan., I saw him take a truss of clover hay out of Mr. Miller's barn, and put it down against Spicer's door, who lives in Duke-mews, next door but one to Miller's stable—Spicer was standing at his door at the time—I made my way towards them—they appeared to be in conversation—I said to Whitehead, " Tom , I think I shall go and get a pint of beer"—Whitehead then made his way from Spicer's, and I could neither see the clover, nor Spicer—I did not go to get any beer, but went and stood at the corner—I then saw Whitehead come again out of the barn with a truss of bent hay on his shoulder, which he took to Spicer's door—I then saw Spicer bring the truss of bent hay from the door up into Earl-street—I saw Spicer's man with the truss of clover hay on his back—I went to Mr. Miller's shopman, and told him what I had seen.

Cross-examined by MR. DOANE . Q. Did you see Spicer at the door? A. No, I do not know where he was then—I was standing at the corner of Duke's-mews, and in about five or six minutes I saw Spicer with the bent hay on his back—he came from the door with it—I did not see him take it from the door—I did riot see him take it up—I had seen Spicer's man with a truss before that.

MR. PAYNE . Q. How near was Spicer to his own door? A. About five or six yards off.

THOMAS HENRY THOMPSON ( police-sergeant D 4.) On Saturday night, the 21st of Jan., I went to Mr. Miller's counting-house, in consequence of information—Whitehead came into the counting-house while I was there—I said I was going to take him into custody—he asked what for—I said, "For stealing a truss of clover, and a truss of bent hay"—he said, "Why you asto nish me"—he asked when—I said, "On Wednesday night"—he then said, "I know nothing about it"—I said he need not say any thing, I had a witness who saw him take two trusses from his master's to Spicer's door—he then said, "I will tell you the truth; I did take them to Spicer's, and Spicer re ceived them"—on the road to the station, he said Spicer had been round to him that evening, and asked if he could have four or five more trusses, and he (Whitehead) told him he could not let him have them, but Spicer was in the habit of having a good deal of loose hay—I took him to the station, and

he returned to No. 2, Duke's-mews, where Spicer lives—I went up stairs, and found him in bed—I told him to get up, Mr. Miller wanted him—he asked his wife if she had paid for the oats and chaff that night—I said it was not about the oats and chaff that I took him, but on suspicion of receiving a truss of clover, and a truss of bent hay—he said he had bad no hay, and did not know Mr. Miller's man—I said a wit ness saw him, and saw the hay come to his door, that Whitehead said he had taken the hay to him, and he had received it—he said he did not, he never had any hay of him—I said Whitehead had told me that he had been round that evening to know if he would let him have four or five more trusses—he said he had not been to Whitehead, and had not seen him—I took him to the station, and the two prisoners were there together—the inspector asked him, and Spicer said he knew nothing about it—Whitehead said something which I did not hear—Spicer then said, "Is that them? I will pay Mr. Miller for them if he will go next door, the money lies there"—I was present when the depo sitions were taken—that is Mr. Rawlinson's signature to this deposition—they were all signed in my presence—( read )—"The prisoner Spicer says, 'I sever received them, and have not had a truss of hay in my place for three weeks.' J. RAWLINSON ."

JOHN MILLER . I am a corn-dealer, and live in Lisson-grove North. Whitehead was a chaff-cutter, and helper in my service—he had no authority to take any clover hay, or bent hay, without my order, or that of my shop man.

Cross-examined. Q. Is this where your business is carried on? A. Yes, in this stable, at the back of my house.

CHARLES WARD . I am shopman to the prosecutor. I did not authorise Whitehead to take these trusses of hay.

Whitehead's Defence. The keys of the warehouse are left with me ill day, and when the carters come at any time I serve then; sometimes I get an order, and sometimes not.

WHITEHEAD — GUILTY . Aged 40,— Confined Six Months .

SPICER — GUILTY . Aged 41.— Confined Twelve Months .

779. WILLIAM JONES was indicted for stealing, on the 27th of Jan ., 20 handkerchiefs, value 1 l . 10 s ., the goods of Scope Fowler .—2nd Count, stating it to be 8 yards of silk; and that he been before convicted of felony.

ROBERT MILLER . I am in the employ of Mr. Scope Fowler. On the 27th of Jan., about nine o'clock in the evening, the prisoner came into his shop—I showed him some shirt-collars; he bought one and paid for it—I had some silk handerchiefs there—I saw him take them, and put them under a coat which he had on hts arm—he went out—I ran and saw him—I lost sight of him—I then got sight of him again, and then he had neither count nor hand kerchiefs—he had an opportunity of parting with them—there were twenty of them.

Cross-examined by MR. PAYNE . Q. Had you seen him before? A. Yes, I had seen him about the street—I followed him to Regent-street—the turn ing which leads to Regent-street is three or four yards from my master's shop—I followed him directly—he had got to the corner of Maddox-street—he was standing at the corner these, and I went to him—I can swear to him.

JOHN EDWARD RICHARDS . I was going up Regent-street, and saw the prisoner with a coat on his arm, and something red underneath it.

GEORGE TREW ( police-constable H 125.) I produce a certificate of the

prisoner's former conviction, which I got from Mr. Clark's office—( read )—he is the person who was convicted by the name of William Trott.

GUILTY . Aged 29.— Transported for Seven Years .

780. MARY FORD was indicted for stealing, on the 20th of Jan ., 25 yards of Orleans cloth, value 12 s . 6 d ., the goods of Henry Lee .

JOHN WITTLE . I am shopman to Mr. Henry Lee, a linendraper, in Leather-lane. About five o'clock in the evening, on the 20th of Jan., I missed 25 yards of Orleans cloth from inside the door—I went, and saw the prisoner standing outside, near the door—I gave her into custody.

JOSEPH BAILEY . I live in Upper North-place, Gray's-inn-road. About five o'clock that evening I saw the prisoner and another woman standing at the corner of the prosecutor's shop, at the corner of Baldwin's-gardens—the prisoner took the cloth from the right-hand side of the door, and gave it to the other woman—I am sure the prisoner is the woman that took it—I went into the shop, and the other woman was gone.

Prisoner. Q. Did you touch me on the back? A. No.

Prisoner's Defence. He touched me on the back, and said, "I saw you take something, and give it to that woman, who is gone across the road;" I said, "If you saw a woman go across the road, why did you not stop her?"

GUILTY . * Aged 24.— Transported for Seven Years .

781. JAMES JONES and WILLIAM KEEFE were indicted for steal ing, on the 25th of Jan ., 12 cigars, value 3 s ., the goods of William Henry Johnson : and ALFRED ARNOLD , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.

WILLIAM HENRY JOHNSON . I am a tobacconist, and live in Oxford-street. About ten o'clock on Wednesday morning, the 25th of Jan., Jones and Keefe came into my shop—Jones drew open the lid of a box on the counter, and took out twelve cigars, which he passed over to Keefe—Keefe put them into his coat, and ran away—I took Jones into custody—they had not asked for any cigars—when I went into the shop they asked for a pennyworth of tobacco—I am sure I saw Jones pass them over to Keefe.

GEORGE BECK . On Wednesday morning, the 25th of Jan., I was in a coffee-shop in Bell-street. Arnold was there—Keefe came in, and said, "Do you want to buy some cigars?"—Arnold said, "Let me look; I will buy them, as many as you have got"—Keefe took them out of his pocket, and said, "Here they are then"—Arnold took them into the parlour, and brought him out some halfpence, about 5 d . I think there was—he said they were a half penny a-piece.

Cross-examined by MR. PRENDERGAST . Q. You take a cigar at a coffee-shop, like other young gentlemen? A. Not unless I buy it—I do not buy them in a coffee-shop at all—I am fifteen years old—I pay 1 d . a piece for them—I do not get them at three for 2 d .—I have been here before about two old pairs of shoes—two boys got me into it—I have never been in custody but then—I was in the coffee-shop having a drop of coffee—I help my father at printing—it was a quarter past ten o'clock when I was at the coffee-shop—I saw Keefe and a boy named Nickaby there—I do not know what has become of Nickaby—the officer did not speak to me about this—he went to my father, and acquainted him that I was in bad company—that was on Wednesday night—he took me home to my father, and asked me where Keefe was—that was the first time I said anything about this—I remained in the coffee-shop about an hour that morning before I went home to my father—I dined with him, but said nothing about this.

JOHN GUYATT . I am an errand-boy. I met Hall, the constable, about

six o'clock, on that Wednesday evening—he asked me about Keefe—I went to the coffee-shop, where Arnold is waiter, and Keefe was sitting at the table—I went and told Hall that Keefe was there—I then went back into the house—as I was going in, Arnold came out, and met the constable, who Cold him he wanted Keefe—Arnold then came in, and told Keefe that Hall wanted him, and he was to go out at the back door and scale the wall.

Cross-examined. Q. How long had you been in the coffee-shop? A. I only went in to see if Keefe was there—I am not acquainted with the con stable, but he knew me by sight—he met me in the street that day—I go to Colonel Berners' to clean knives and shoes.

JOHN HALL ( police-constable D 64.) From information I received, I went on Thursday night to a lodging-house, and found Keefe in bed—I said I wanted him, for stealing some cigars in Oxford-street—he said he knew no thing about it—on the way to the station, he said he had met Jones in Oxford-street, at Mr. Johnson's shop; that he went in to buy a penny-worth of to oacco, then jumped up behind a carriage, and went away—I met Guyatt, and asked if he knew Keefe—he went into the coffee-shop, and said he was there.

ROBERT JACKSON ( police-sergeant D 25.) I took Arnold, for receiving cigars from Keefe—he said he had not received them—on the way to the station, he said he had received two eigars of Keefe, which he had smoked.

Cross-examined. Q. When was that? A. He did not mention the time—I told him, of course, the circumstances.

Keefe's Defence. I was coming along the street, and saw Jones coming out of the shop; he spoke to another boy; Jones said to me, "Stop, I am going home;" there was a carriage going by; I got on it, and rode away, as I wanted to make haste.

MARY ANN HARDIE . My husband keeps this coffee-shop—we do not dwell there—we dwell at No. 22, Winchester-street. I was in the coffee-shop on that Wednesday morning about seven o'clock—we have a parlour there, divided from the shop by a partition and door, with a window in the door and partition—I was in the parlour—I remember on that occasion some boys being there—Arnold was in the parlour—he went into the shop when the boys came in, to take the order—he came back to me in a few minutes—he had not taken any money then—I had seen no transaction between the boys and Arnold—if there had been I must have heard it.

COURT . Q. Are you related to Arnold? A. No, he is a friend of ours, we have known him some time—I swear he is not related to us—I have known him above twelve months, I dare say—he was in business, something in the straw line—we have kept this coffee-shop about two months—we live just by—it is a night-house, open all night—there are boys come there some times—my husband's name is Charles—the shop is in Bell-street, Paddington.

Re-examined. Q. Do you remember some boys coming into the shop between eight and nine o'clock, in the evening, at the time Hall the policeman came? A. There were some boys came that evening—it might be about that time—I remember the policeman coming—Arnold was in the parlour—a boy came in, and said to Keefe, I think it was, "Hall wants you"—Arnold was then gone outside—Keefe got up immediately, and ran through the side-door into the street—Arnold was outside, talking to Hall—Hall then came in, he searched for the boy, and said to Arnold, "You have let him go"—Arnold said, "I have not let him go"—on the Friday following, two policemen came, and called for Arnold—I did not hear what they said.

THOMAS HENRY STOVEL . I am a biscuit-baker, and live in Winchester row. On the 26th of Jan. I was at Hardie's coffee-shop, about eight o'clock in the evening—I went to take a cup of coffee—a boy came in, and

said to Keefe, "Hall is after you"—Keefe rose from his seat, and went from the shop into the parlour, opened the door, cut into the passage and out into the street, and escaped—Arnold was not in the shop.

COURT . Q. Do you attend this shop much? A. No, I have been in three or four times—it is a day and a night shop.

(Thomas Stevens, a boot-maker; and James Charlton, a watchmaker, in Lisson-grove, gave Arnold a good character.)

JONES — GUILTY . Aged 16.— Confined Three Months .

KEEFE *— GUILTY . Aged 16.

ARNOLD — GUILTY . Aged 32.

Transported for Seven Years .

Convict Ship.

782. CHARLES SHIPLEY was indicted for embezzling, on the 7th of January , 1 300 l ., 1 100 l ., 1 10 l ., and 1 5 l . Bank-notes, and 10 sovereign, 10 half-sovereigns, 10 crowns, 10 half-crowns, and 10 shillings, the property of Robert Williams , his master.—2nd Count, alleging the property to be in the possession of the said Robert Williams and others; to which he pleaded

GUILTY .—Aged 24.— Judgment Respited.

788. NATHAN DANIELS was indicted for stealing, on the 23rd of Jan ., 4 1/2 lbs. weight of solder, value 3 s .; 1 metal cock, 5 d .; 5 lbs. weight of copper, 1 s .; 2 hammers, 6 d .; 1 chisel, 6 d .; 1 screwdriver, 6 d .; 500 nails, 5 d .; and 1 ornament, 1 d ., the property of Asher Prior , his master.

JOHN MORE . About half-past five in the evening of 23rd of Jan., I wanted a pair of pliers, I went to the shop, and saw the prisoner with his tool-basket between his feet—I said, "I want a pair of pliers," and put my hand on his basket—he put his hand on it, and said, "They are not here"—I thought there was something wrong—I said, "Let us see what you have got here?"—I took the basket, and found these things in it—I said, "How do you account for this?"—he said, he did not know, be supposed some one must have put them into his basket—they belong to Mr. Asher Prior—this hammer was found at the prisoner's house afterwards—I swear these other things are Mr. Prior's.

Cross-examined by MR. DOANE . Q. Did you find the pliers there? A. Yes; he said he supposed some one must have put them in for a trap for him—this hammer has the mark of" A. Prior" on it—Mr. Prior is an ironmonger, and sells these articles—I swear to this packet of nails—there is Mr. Prior's son's writing on them, and we have never sold any to the prisoner—we have sold some—I found them in a box on the landing of the first floor—he was a lodger in the house—his wife said it was his box.

COURT . Q. What was found in the house? A. The hammer, screw driver, and the chisel—I will swear they are Mr. Asher Prior's—I saw then safe about three months ago—the prisoner told an officer in my presence, that be lodged at No. 18, Claremont-place—I went there and found the box con taining these articles—there were no other lodgers that come to my master's, that I am aware of.

TIMOTHY PRIOR . I have examined these articles, they are my brother's.

WILLIAM RANDALL PRIOR . These are not the tools I sold the prisoner eighteen months ago.

JOHN CAYFORD ( police-constable E 97.) I was called to take the pri soner—I went to his house and found the hammers, the chisel, screw driver, and nails in a box, on the landing—the prisoner directed me to go to this house.

NOT GUILTY .

784. NATHAN DANIELS was again incicted for stealing, on the 2nd of Nov., 1 bottle-jack, value 7 s ., the goods of Asher Prior , his master.

JOHN MOORE . I am shopman to Asher Prior—we had missed a bottle-jack—I have examined this, and believe it to be my master's—the duplicate of it was found on the prisoner at the station.

Cross-examined. Q. Can you say when you lost it? A. No.

JOHN BAGULEY . I am a pawnbroker. I took in this bottle-jack, on the 2nd of Nov.—I have a corresponding duplicate—the jack appears quite new.

GUILTY . Aged 26.— Recommended to mercy by the Prosecutor. — Confined Nine Days .

785. GEORGE BROOKS and GEORGE MAYS were indicted for stealing, on the 26th of Jan ., 1 tea-pot, value 10 s .; the goods of Henry Jones .

HENRY JONES . I live in Rose-street, King-street, Covent-garden. About half-past six o'clock, on the 26th of Jan., I was standing at the door, and saw Brooks pass—I went into the counting-house, and heard a cry of "Stop thief"—I went and saw the prisoners in custody, with this tea-pot—I believe it to be mine.

Cross-examined by MR. PAYNE . Q. Is there anything you know It by? A. I have missed such an one.

RICHARD JONES . I heard the cry of "Stop thief"—I ran out—the two persons passed me, from the staircase inside the house—I immediately fol lowed—I lost sight of Mays and followed Brooks—I am sure he was one—when Brooks got into New-street he stumbled, and this tea-pot fell from his hand—I took it up and gave it to the policeman—I believe Mays to be the other man—he resembles him in every respect—he had a frock-coat on—I did not see his face.

SAMUEL SALDER . Between half-past six and seven o'clock, I was passing up New-street, and heard a cry of "Stop thief"—in a few minutes, the prisoners brushed past me—I stopped Mays—Brooks stumbled, and a blue bag fell from him—nobody but them were running—they were hatf-a-dozen yards from the prosecutor's house.

Cross-examined. Q. What are you? A. A clerk out of employ. I lodge in Dorset-street, Salisbury-square. I have been out of employ three months—my last place was with a hosier, in Brewer-street—I lived there four years—I left because I had a quarrel, not on a charge of dishonesty—I do not recollect exactly what it was.

(The prisoners received a good character.)

MAYS — GUILTY . Aged 19. BROOKS — GUILTY . Aged 19.

Confined Six Months .

786. MARY BURNS was indicted for stealing, on the 6th of Jan ., 1 ring, value 10 s .; 1 buckle, 4 s .; 1 brooch, 7 s .; and 1 waistband, 1 s .; the goods of James Dowley : and MARGARET BURNS , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.

CAROLINE DOWLEY . I live with my father, James Dowley. The prisoner Mary was in the habit of coming to clean my house—I saw these articles safe on the 6th of Jan. and missed them on the 17th—these are them—I can swear to them—I charged Mary with taking them—she said she never saw them, nor pawned them—Margaret never came to the house.

JOHN WILLIAM FORELAND . I am a pawnbroker. Margaret brought this ring to me, and asked if it was gold—I said it was—she asked if I would buy it—I said, "No"—I said the watchmaker's was the best place—Mary and another girl afterwards came and asked whether they were gold—I said I saw

them a night or two ago—she said, "My mother brought them"—the ring is worth 1 s . 6 d .

CATHERINE GREEN . I searched Margaret and found this waisband, brooch, and buckle in her bosom—I found nothing on Mary.

Mary's Defence. I was sweeping the floor; they were in the dust; I thought they were of no use.

Margaret's Defence. She brought them home; I said, "Where did you get them"—she said she picked them up—they were in the house a week.

NOT GUILTY .

787. JOHN BROWN was indicted for stealing, on the 31st of Jan ., 1 handkerchief, value 2 s ., the goods of Thomas Hitchcock , from his person.

THOMAS HITCHCOCK . I live in Frith-street, Soho. About three o'clock on the 31st of Jan., I was in Titchfield-street, and had occasion to stop at a dead wall—I felt a twitch at my pocket—I turned my head and saw the pri soner with my handkerchief in his hand-he started off—I followed him, crying, "Stop thief"—he was stopped sixty or seventy yards up the street, and he threw the handkerchief down—I am sure he is the person-there are no marks on it—I had it not a minute before—it corresponds with mine in every respect.

Prisoner. Q. Did I have it in my hand? A. Yes, in your hand.

Prisoner. I was coming to Crown-street with a message; I was past the time, ran fast, and struck the gentleman with my left hand; the handker chief was never found on me; I never touched it; there was nobody in the street, but there were two lads who followed the prosecutor.

THOMAS HITCHCOCK . No such thing, there was no one in the street.

GUILTY . * Aged 18.— Transported for Ten Years .

788. JAMES PILCHER was indicted for embezzlement.

MR. DOANE conducted the Prosecution.

ALEXANDER ARCHIBALD . I am an accountant, residing in Southampton-row Edgeware-road, Marylebone. The prisoner was one of my clerks for twelve months—it was his duty to collect debts for various persons who employed me-it was his duty to enter what he received in the cash-book when he returned, and to account to me every evening-if he did not come Home that night, then the next morning-I engaged him to collect some money from Mr. Cripps, a staymaker, in Hanway-street—this is the book in which he made his entries—if he received 30 s . on the 31st of May from Mr. Cripps, he has only accounted to me for 1 l . he has not accounted to me for 1 l . 10 s . received from Mr. Cripps on the 6th of June—he has only accounted for 1 l ., and on the 28th of July, only for 10 s .—in consequence of something that occurred on the 24th of Dec., I gave the prisoner into custody—I brought the policeman into my office, and said, "I give this man in charge for embez zlemen"—he said, "Give me a littele time, and I will settle it"—I said, "No, Mr. Pilcher, I have told you of this before; this is the third time, and nobody will employ me if I do not punish you"—he said, "For the sake of my family, will you not arrange it?"—I said, "It does not admit of arrangement; I cannot do it."

Cross-examined by MR. ADOLPHUS . Q. There were some terms entered into with you and the prisoner, at the time you engaged him? A. he depo sited 30 l . in my hands—there was a writing signed—that sum was paid as security for any deficiency there might be in his accounts—this paper is drawn up by the prisoner, and signed by himself—( read )—"Mr. James Pilcher agrees to serve Mr. Archilbld as his clerk, and make himself generally useful, for three years, at 52 l . per annum, paid weekly; hours of attendance, from

nine o'clock in the morning till eight in the evening; reasonable time to be allowed for meals. Mr. Pitcher's executors and guardians place in the hands of Mr. Archibald's banker, the sum of 30 l ., for any default in the accounts by Mr. Pilcher, or for penalty, should he be engaged by other persons, and the same sum of 30 l ., and interest, to be returned to Mr. Pilcher, provided his accounts are correct, otherwise such part of the 30 l . to be appropriated in liquidation of the same. Mr. Pilcher to be allowed a commission on all busi-ness he may bring to Mr. Archibald."

Q. Was that 30 l . paid in? A. Yes, and I have it still at my banker's—I have never paid the interest, it has never been settled about that—the 30 l . if paid in at my banker's, as my money—I do not know whether all these entries in this book are in the prisoner's handwriting—whatever cash he re ceived himself he entered, and what other clerks paid him over he entered—it may be that some of the others have entered it, but he was the cashier—on 31st of May, 6th of June, and 28th of July—he had ten or twelve people in a day to call on to receive money—they were all small sums—they were entered every day—they were never in arrears beyond the next morning—I have lived at my present residence about five years—I have been an accountant for twenty years—I was a man of property before—when I first came to London I commenced as commission-agent—I was a blue-manufacturer—I was a bankrupt ten years ago, as a coal-merchant and bill-broker—I got my certificate six or seven years after—I have not been in any bankruptcy or insolvency since—I know nothing of the prisoner's family or connexion—he told me he had a wife—he has never asked me to go over the accounts with him, and settle them—I had a suspicion about Miss Cripps about three weeks before I took the prisoner into custody—I began to suspect him, and then I examined my books, and found he had altered them, and been carrying on a systematic system of robbery—I was horror-struck, because I had treated the man more like a brother than a clerk—I then went round to the different parties, and took a copy of their receipts—I became acquainted with this account of Miss Cripps about two days before the 24th of Dec.—I went down to Miss Cripps, and took a copy of the accounts—I had occasion to be in the City on Christmas-eve, and had dis covered other things of the prisoner, and I thought it right to arrest him—he had asked me in the morning, before I went out, if he could get away on the Monday, as he was going boxing—when I returned I brought an officer, and gave him into custody—I went before Mr. Rawlinson, the Magistrate, about this affair of Miss Cripps, on the 26th of Dec, and then I begged a remand for a week, that I might get ray evidence up—he was remanded, and at the end of that week the Magistrate asked if I had any other parties—I said, "Yes, a great many," and he said he had better remand him—I produced seven or eight of these parties, but only two of them were examined, (Mr. Devaux of Great Distaff-lane, and Miss Cripps)—the Magistrate did not tell me, when he had heard all my accusation, that it was a matter of account—he said, "Could you not arrange it?"—the Magistrate was not certain what it war—the pri soner's wife came to see me on this business.

NOT GUILTY .

(There were two other indictments against the prisoner, on which Mr. Doane offered no evidence.)

789. EDWARD LEWIS was indicted for stealing, on the 2nd of Nov ., 1 plane, value 5 s ., the goods of Ireland Thurgood .

(The prisoner being deaf and dumb, had the evidence communicated to him by signs.)

MR. CROUCH conducted the Prosecution.

ANN THURGOOD . I am the wife of William Ireland Thurgood—we live in Brick-lane, St. Luke's. On the 2nd of Nov. my husband was at work two streets off, and the prisoner came to my house, as if from my husband, to get a plane—he went outside the door, and beckoned to the street where he saw my husband, and made a motion of a plane on the side of the door—he pointed to the shop where the tools were kept—I understood by his motions that he wanted a plane—I asked him if he came from my husband, and he made signs that he had—I gave him the plane, believing he had come from my husband—he went the road towards where my husband was, but he ran up a contrary street—I ran after him, but he got out of my sight—the plane has not been found—I never saw the prisoner again till the 23rd of Jan.

COURT . Q. May you not be mistaken as to his coming from your hus band? A. No—he went outside the street-door, and beckoned to the street.

WILLIAM IRELAND THURGOOD . I did not send the prisoner for this plane—I knew him—he never went on errands for me—I was on a scaffolding—he passed, I nodded to him and he to me.

NOT GUILTY .

790. PATRICK COCHRANE and WILLIAM MERCER were indicted for stealing, on the 27th of Jan ., 18 cigars, value 1 s ., the goods of Samuel Stephen Newland ; and that Mercer had been before convicted of felony.

HARRIET NEWLAND . I am the wife of Samuel Stephen Newland, of Nas-sau-street, Commercial-road. I was in my back-shop on the 26th of Jan., and saw Mercer come in—I went in to serve him—when I got outside my room-door he went out—I went to my counter, and saw the lid off my cigars, and there was only one left—there had been from a dozen and a half to two dozen—I went to my door, and saw Mercer outside, and Cochrane stood next to the next neighbour's—I said, "You thieving vagabonds, you have got my cigars"—they made a run, and there was no person near—the first person I saw was my husband—I will swear the prisoners are the two persons I saw, and they were shuffling their hands, as if they were parting something.

JOSEPH HARROW . I live in Grenville-street, Somers-town. I was going to my sister's, and saw the two prisoners running down James-street, one after the other, and no one but them—that is the first turning past the prose cutor's—my attention was directed to them by hearing one of them say, "Go on, go on"—I crossed and stopped them both—Mercer said, "What do you stop me for? I was crying, Stop thief"—I went to the spot where it appeared there had been a separation, and I found one cigar on the pavement.

GEORGE HAYES ( police-constable K 54.) I took a lantern, and found fif teen cigars in the middle of the road, as if they had been thrown from a hat or cap.

WILLIAM WISEMAN ( police-constable K 156.) I took Mercer—on our way be said, "I only took two or three;" and in reply to an observation of Cochrane, he said, "I suppose we shall have six months"—I have seen the prisoners together before.

Cochrane. I had nothing to do with the cigars.

Mercer. I was not in her shop.

THOMAS BARTLETT ( police-constable K 286.) I produce a certificate of Mercer's former conviction, which I got from Mr. Clark's office—( read )—he is the person

COCHRANE — GUILTY . Aged 17.— Confined Six Months .

MERCER — GUILTY . Aged 17.— Transported for Seven Years.—Convict Ship.

791. MARY SMITH was indicted for obtaining money by false pretences,

NOT GUILTY .

792. ANN REYNOLDS was indicted for a like offence.

NOT GUILTY .

793. EDWARD MAYNARD was indicted for obtaining goods by false pretences.

DANIEL EDDS . I am a timber-merchant. On the 18th of Jan., about half-past three o'clock in the afternoon, the prisoner, who was a stranger, came and said he wanted to purchase some timber for his master—he said his mas ter's name was Bardon, in the Mile-end-road, near Bow, and he wanted some stocks and other things for his master—I let him have forty coach-stocks, be lieving he was employed by Mr. Bardon, or I should not have let him had them—I sent my carman with the stocks, and he could not find a Mr. Bardon.

RICHARD HENRY SAYERS . I live in Mile-end. There is no Mr. Bardon, a coachmaker, in Mile-end-road, to my knowledge, and I know most of the persons there.

CHARLES WALKER . I took the stocks, and could not find the person—I was bringing them home—I met the prisoner at the turnpike-gate—he took me down Dog-row, and unloaded them at a little wheeler's shop—that is near Mile-end-road—I have not been there since for the money.

JOHN FRENCH . I am a wheelwright. The prisoner asked my permission to leave these stocks at my shop—I said he might if it was not for long—they remained about half an hour, and then they were taken away—I know no such person as Mr. Bardon.

GEORGE HARLEY . I bought the stocks of another man, who was in com pany pany with the prisoner, and he gave the receipt.

Prisoner. It was Mr. Bardon who sold them to this witness—Mr. Bardon and I went and looked out some goods—Mr. Edds asked his name and address, and he gave it him; "Mile-end, near Bow," and he gave me 1 s . for looking out the goods.

MR. EDDS . No, I had no note or address given me.

GUILTY . * Aged 46.— Confined One Year .

794. JOSEPH HILL was indicted for wliful and corrupt perjury.

NOT GUILTY .

795. JOSEPH AUGUSTUS ARTMAN was indicted for obtaining goods by false pretences.

NOT GUILTY .

ESSEX CASE .

Before Mr. Recorder.

796. DIANA WILSON was indicted for stealing, on the 23rd of Jan ., 1 basket, value 1 d .; 5 shirts, 15 s .; 4 handkerchiefs, 10 s .; 2 pair of stock ings, 2 s . 6 d .; 1 pair of drawers, 2 s .; and 6 collars, 9 s .; the goods of John Catton , from the person of Eliza Bright ; to which she pleaded

GUILTY . Aged 17.— Transported for Ten Years .

KENT CASES .

Before Mr. Recorder.

797. SARAH MARTIN was indicted for stealing, on the 6th of Jan .,1 pair of boots, value 12 s .; and 1 handkerchief, 3 s .; the goods of Walter Scott Barry ; to which she pleaded

GUILTY . Aged 58.— Judgment Respited.

Before Mr. Common Sergeant.

798. JAMES YOUNG was indicted for stealing, on the 23rd of Jan ., 2 coppers, value 1 l . 13 s ., the goods of William Burtt Wilton .

WILLIAM BURRT WILTON . I am a plumber, and live in High-street, Deptford. On the 23rd of Jan. my servant placed four coppers outside my window; two of them were taken—I have examined these two, and have no doubt whatever that they are mine.

Cross-examined by MR. PAYNE . Q. What do you know them by? A. By a chalk mark which I placed on them—here is the mark on one of them now—I was at home all day.

THOMAS COOK . About six or seven this evening I was in King-street, Deptford—I saw a man go by with two coppers on his head—he was about the size of the prisoner—he had corderoy trowsers on, a black waistcoat, and fustian sleeves to his jacket—I did not see his face.

JOHN BREENAN ( police-constable R 67.) About half-past five on the 23rd of Jan. I was on duty—I saw a man resembling the prisoner with a copper on his head—I followed him down Old King-street—in coming near to Fishing Smack-alley I lost sight of him all at once—I returned and met the prosecutor, who said that two coppers were stolen from outside his shop window—about half an hour after the prisoner came out of that alley and down King-street—I took him into custody, and told him I suspected him to be the man that stole two coppers from High-street—he said it was not him—I asked his name—he said Williams, and he lived in London—I went to his house, and on Tuesday the 24th found these two coppers in the cellar under the apartment where he lived.

Cross-examined. Q. You never saw him there? A. No, the house is in Old King-street, Deptford—there was no number.

BENJAMIN LOVELL ( police-sergeant K 15.) The prisoner lived in Old King-street, Deptford—a lodging-house adjoins his.

Cross-examined. Q. Did you ever see him in the house? A. Yes, many times—he lived in the front-room, down stairs—a person could get from the adjoining house to where he lived—I saw some footsteps from a piece of waste ground at the back, which leads from Fishing Smack-alley—there were other persons living in the house—his wife bad been confined nearly a month.

COURT . Q. He had this whole house? A. Yes—he used to let it out—no one lives in the cellar—there is a parcel of lumber in it—Fishing Smack-alley is about 100 yards from his house—there were traces from that alley to his premises, and over his fence on the top of the pig-sty.

NOT GUILTY .

799. RICHARD TAYLOR was indicted for stealing, on the 9th of Jan ., 1 handkerchief, value 4 s . 6 d ., the goods of Caroline Eliza Gill .

CAROLINE ELIZA GILL . I am an unfortunate girl. The prisoner came to lodge with me on Sunday night, the 8th of Jan., and left between seven and eight o'clock next morning—I missed a silk handkerchief from a chair at the foot of the bed—this is it, I am quite sure—he was quite sober—he paid me—I am sure he is the man—he was with me from half-past eleven till a quarter before eight—this handkerchief was bought and made a present to me on the New Year's-day.

Cross-examined by MR. DOANE . Q. You met him in the street? A.

No—I was standing at my lodging-house—I got out of bed just after he left, and missed my handkerchief—I hemmed one side of it myself.

JOHN SPARKS LOVICK . I am a pawnbroker. I produce this handkerchief—it was pawned by the prisoner, to the best of my knowledge, about eight o'clock in the morning of the 9th of Jan., for 2 s .—I am positive he is the man.

(The prisoner received a good character.)

GUILTY . Aged 18.— Recommended to mercy. — Confined One Month .

800. HANNAH ANN ASHDOWN was indicted for stealing, on the 4th of Jan ., 2 gowns, value 4 s .; 1 table-cloth, 1 s . 6 d .; 1 cloak, 3 s .; 1 sheet, 2 s .; 1 shirt, 3 s .; 1 yard of flannel, 1 s .; 2 coats, 4 s .; 8 pinafores, 2 s .; 1 petticoat, 1 s .; 2 frocks, 2 s .; 1 yard of holland, 1 s .; and 1 handkerchief, 2 s .; the goods of William Weller ; and that she had been before convicted of felony: to which he pleaded

GUILTY . Aged 43.— Transported for Seven Years .

801. LOUISA RUSH was indicted for stealing, on the 28th of Jan ., 3 pairs of boots, value 1 l ., the goods of Joseph Mead ; also, on the 28th of Jan ., 1 gown, 4 s .; 3 brooches, 12 s .; 1 breast-pin, 2 s . 6 d .; and 1 pair of ear-rings, 1 s . 6 d .; the goods of William Branch ; to all which he pleaded

GUILTY . Aged 27.— Confined Nine Months .

802. JOHN OUSBY was indicted for stealing, on the 16th of Jan ., 1 piece of lead, 1 s .; 1 other piece of lead, 1 s .; and 9lbs. weight of lead, 2 s .; the goods of our Lady the Queen ; to which he pleaded

GUILTY . Aged 36.— Confined Six Months .

803. ANN KELLY was indicted for stealing, on the 19th of Jan ., 4 1/2 yards of ribbon, value 1 s . 8 d ., the goods of John Orrick Kennard .

JOHN ABEL GROVES . I am apprentice to John Orrick Kennard, of the Broadway, Deptford. On the 19th of Jan. the prisoner came into the shop with another person, who asked for muslin—I showed her that, and then she asked for some fringe—I saw the prisoner take the ribbon from a basket on the counter, and put it under her cloak—I then acquainted my fellow ap prentice, and told him to keep his eye on her while I went and told Mr. Kennard—I then charged her with stealing the ribbon, and asked her for it—she pulled it from under her cloak in our presence—I gave her into custody.

HENRY HITCHCOCK . I saw her take this ribbon from under her cloak, after she was charged with it.

GUILTY . Aged 56.— Confined Three Months .

804. WILLIAM SMART was indicted for stealing, on the 15th of Oct ., 1 hammer, value 2 s ., the goods of William Hiskins .

WILLIAM SMART . I am in the employ of Mr. Graham, a builder. On the 15th of Oct. I missed my hammer—this is it—it has my mark upon it.

Prisoner. Q. Where did you leave it? A. On Mr. Stone's wharf.

GEORGE HARRIS ( police-constable R 158.) I searched the prisoner's box on another charge, and found this hammer.

Prisoner. I found it in Mr. Graham's yard—it was taken into my house, and thrown into a basket with some old tools—no one called for it.

WILLIAM HISKINS re-examined. I left it at Mr. Stone's yard at night, and when I came back next morning it was missing from the rent of the tools—they were covered over with an apron—the prisoner was carting bricks to these premises—it is a private wharf, locked up—other persons might have had access to the wharf.

NOT GUILTY .

805. WILLIAM SMART was again indicted for stealing, on the 19th of Jan ., 56lbs. weight of hay, value 2 s . 6 d ., the goods of George Hall Graham ; and that he had been before convicted of felony.

JAMES MOULTON . I am in the employ of Mr. George Hall Graham, a builder, at Woolwich. I watched his yard on Thursday night, the 19th of Jan.—I placed myself in the corner of the yard, and bad put some paper into a truss of hay in the yard—on that evening I missed a truss of hay from the yard—I communicated the circumstance to my master—the constable brought me some hay on the 22nd, and showed me a paper, which was what I had placed in the hay—it has my name on it.

GEORGE HARRIS . I found this paper in the manger of the stable where the prisoner's horses stand—there was a little hay in the rack—I compared it with Mr. Graham's hay, and, as far as I could judge, it corresponded.

Prisoner. I purchased the truss of hay at Mr. Sears'. Witness. He did not tell me that at the time—his stable is near Mr. Graham's.

Prisoner. There is another horse in the stable, and how that paper came there I do not know.

OBADIAH BELTON . I produce a certificate of the prisoner's former con viction, which I got from Mr. Clark's office—( read )—the prisoner is the person.

GUILTY .—Aged 63.

806. WILLIAM SMART was again indicted for stealing, on the 22nd of Jan ., 56lbs. weight of hay, value 2 s . 6 d ., the good of George Hall Graham .

JAMES MOULTON . On the 22nd of Jan. I saw the prisoner take this truus of hay away, and throw it over the fence—he then took it into his stable—I got an officer, and took the truss of hay down, and found in it these two tickets, which I had put there.

JOHN WADE . I am a hay-binder. I found this truss—I believe it to be Mr. Graham's property.

GUILTY . Aged 63.— Transported for Seven Years .

807. JOHN SAWYER was indicted for stealing, on the 21st of Jan ., 1 pair of shoes, value 2 s . 3 d ., the goods of Joseph Mead .

JOSEPH MEAD . I am a shoemaker, and live in Trafalgar-road, Greenwich. The prisoner was my journeyman—in consequence of information, I went and called the prisoner back from across the road, and accused him of having some of my property—he said he had not—I said I had lost a great deal—my wife came out, and said it was no use his denying it, she saw them in his pocket—he pulled these shoes out of his pocket—he had no business at all with them—they are mine.

GUILTY . * Aged 28.— Confined Six Months .

SURREY CASES .

Before Mr. Common Segeant.

808. THOMAS PAYNE and JAMES OSBORNE were indicted for stealing, on the 26th of Jan ., 10 quires of paper, value 5 s .; 1 box, 1 d .; 2 purse-slides, 1 s .; 2 tassels, 1 s .; and 1 printed book, 1l, 5 s . the goods of Jabez Tuck ; to which they pleaded

GUILTY .— Confined Ten Days , and Whipped.

Before Edward Bullock, Esq.

809. CHARLES SOMERVILLE was indicted for embezzling 4 l ., the monies of Samuel Franklin , his master; to which he pleaded

GUILTY . Aged.— Confined Six Months .

810. JOHN FOULKES was indicted for embezzling the sums of 5 s . 9 d ., 9 s . 3 1/2 d ., and 5 s . 5 d ., the monies of Ann Sirett , his mistress; to which he pleaded

GUILTY .— Confined Twelve Months .

Before Mr. Justice Maule.

811. WILLIAM TAYLOR , JOSEPH WILLEY , JOHN RYAN , and JOHN DONOGHUE , were indicted for breaking and entering the dwelling-house of Phillip Penn , on the 23rd of Jan ., at St. George the Martyr, Southwark , and stealing therein, 1 looking-glass and frame, value 2 l . 2 s .; 1 counterpane, 10 s .; 3 spoons, 12 s .; 4 shirts, 12 s .; 3 pairs of stays, 10 s .; 1 cloak, 15 s .; 2 necklaces, 1 l . 2 s .; 5 petticoats, 5 s .; 2 sheets, 16 s .; 3 frocks, 8 s .; 3 bed-gowns, 3 s .; 3 shifts, 4 s .; 1 yard of flannel, 1 s .; 2 pairs of drawers, 1 s .; 3 aprons, 1 s .; 3 pinafores, 1 s .; 6 handkerchiefs, 2 s .; 1 pair of trowsers, 2 s . 6 d .; 3 caps, 1 s .; 1 towel, 3 d .; 1 waistcoat, 6 d .; and 1 pair of stockings, 9 d .; his goods.

WILLIAM KELLY . I am a hatter. On Monday erening, the 23rd of Jan., I went to Mr. Penn's—he requested me to attend to the parties in his tap-room—I was at the bar, turned round, and saw Taylor going out with a keg under his arm—I took it from him, and gave it to Penn—about a quarter of an hour after I went into the tap-room, with a pot of beer, to a person named Sculley, the prisoner Willey and a man named Vickery were there—Willey called me on one side to the fire—he was in company with one of the sweeps—(Taylor and Ryan are sweeps)—I cannot say which, and a man named Vickery—he said they were going up stairs to do some business, and if I saw any thing I would not say any thing—it was spoken to frighten me, and I seemed to take no notice, being fearful of the manner the words were expressed to me—I was fearful to tell them what my determination was—I told them it was nothing to do with me what business they were going to do up stairs, and as soon as I had an opportunity I went out from the tap-room to the bar—Mr. Penn being engaged at the bar with parties, I went into the kitchen immediately, and there told the servant-girl.

Cross-examined by MR. CHARNOCK . Q. Where do you carry on business as a hatter? A. Nowhere at present—I was apprentice and journeyman to Mr. Anderson, in Edward-street—I get my living by my wife's work—I have not been in the police force within these eighteen months—I resigned—I was fearful of getting dismissed—I got quarrelling and fighting—I should have had an order to quit—I had been in the force from February till August—the conversation between me and Willey took place in the tap-room—I cannot exactly say whether there were twelve persons there—I do not suppose there were fifteen—I should say about ten—there might be more or less—I did not tell any one of those ten people what Willey said to me—I was at tht Duke's Head the following morning—I did not see Willey there—I did not know of his being there—I did not see him there the following evening, nor till I saw him at Union-hall—I did not know of his being there.

PHILIP PENN . I am a publican, and keep the Duke's Head, Mint-street, Borough, in the parish of St. George the Martyr, Southwark. On Mon day, the 23rd of Jan., about seven o'clock in the evening, the servant came up to me—I saw her go up stairs—she came down, and fainted away—I went up and saw the bed-room stripped, the bed-clothes stripped off the bed, and

the window open—I came down into my own bar again—soon afterwards some boys came in—I asked a man named Vickery to come up stairs, and bring a light, which he did—I went into the bed-room, got out of the window on to the leads, and saw the looking-glass there—Vickery and I came down, and sent for a policeman—I was sent for up Harrow-street, where the things were found—as I was going up the street, Donoghue came up to me and said, "Halloa, what is the matter?" or something similar to that; "I can tell you where the things are; what will you stand ?"—I do not recollect saying any thing to him before that, to my knowledge—I cannot say who spoke first—I had not spoken to him before he said, "Halloa, what is the matter?"—I was running up the street—I told him I had been robbed, and he said, "I think I can tell you where the things are that were taken out of the house".—(I did not say what I had been robbed of)—I told him I would give him a glass of anything to drink if he did—we went up to the van, at the top of the street—I got up, looked into the van, and saw the things exactly in the place he said they were—I saw linen sheets and shirts there that I had just missed from the bed-room—I told the man with the van to take care of the things, and bring them back to my house—I went back with Donoghue, and he had a glass of spirits—one of the boys that came in said Donoghue was throwing the clothes up into the van, and I gave him into custody on that charge.

Cross-examined. Q. Have you known Donoghue? A. Yes, twelve months—I should say he was very fresh indeed—what I gave him did not hurt him—I will not swear what he took—it was seven o'clock or half-past—it was dark out of doors.

GRACE PENN . I am the prosecutor's wife. I left home at a quarter-past three o'clock—I left the bed-room door and the door on the stairs locked, and my keys hanging in the bar—when I came home, about twenty minutes or half-past seven o'clock, the house was in confusion—I found the staircase door unlocked, not broken open, and the bed-room door unlocked too—it had not been forced—the property was all brought down into the kitchen—there was dirty and clean linen, a quantity of children's things, some ribbon, and other things in the looking-glass drawer—I believe the value altogether is 9 l . or 10 l .—when I left the bed-room the sash-window was fastened by a bolt in the centre frame, and a brass screw in the end—it was secured tight—there was no pane broken or cracked—when I came back the whole of a pane was nearly out—a person could get at the screw in that way—the bolt was undone, and the screw drawn out—that was the way the persons got in—the house is in the parish of St. George the Martyr.

Cross-examined. Q. How do you know the parish? A. We pay rates, and that name is on all the papers—my husband, myself, three children, (the eldest nine years old,) and the servant, all live in the house—the key in the bar was exposed, but no one could reach it—the maid-servant does not come into the bar without her master tells her—I cannot say whether my husband was away from the bar—ours is a back bed-room—there is a gate half-way up the stairs—that was locked, and the bed-room too—the keys of both hung together—the other bed-room had not been disturbed—the key of that hung in the bar with the others.

SAMUEL WARD . I am fifteen years old, and am out of work; I was in work, about twelve months ago, at Mr. Bartlett's a grocer, in Cannon-street; my mother supports me. On the 23rd of January, between six and seven o'clock in the evening, I saw the prisoner Ryan chuck the things over the railing—another man caught them, and went towards a van with them, which was at the other end of the street—Ryan was on the top of Mr. Penn's leads,

throwing white things like linen over the railing—I went and told Mr. Penn—he went up stairs—I went out—I saw nothing more—I do not know who the other man was, his hack was towards me—I left Mr. Bartlett's service because I stopped away two or three days, and he discharged me.

WILLIAM CARLTON . I am fourteen years old, I work for my father as a bricklayer. I was standing on the opposite side of the way, and saw Ryan throw the things over the railing—I was not with Ward—I saw a man catch them, but did not see his face—I saw Ryan's face quite well by the blase of a farrier's forge—I went in and told Mr. Penn—I stood by the bar while he went up stairs—Ward came in directly after me—the two sweeps, Taylor and Ryan, came from the backyard through the passage—I knew them by sight—I am sure it was them—I did not know their names before they went out—they had nothing with them.

Taylor. Q. Where was you when I came from the backyard? A. Stand ing by the bar, I could not see which of you came in out of the yard first—you were together, and went out at the front-door—I remained in the house.

WALTER WILLIAMS . I am fifteen years old, and am a pearl-worker. I saw Ryan chuck the things into the van—I have seen him before, going into Penn's house, and know him by sight—he was at the other end of the street by the van, about two minutes' walk from Penn's, not out of sight of the house—he was throwing white things, like linen, into the van—saw Do-noghue by the side of him—I knew him before, he lived opposite Penn's—I live at the bottom of the street—I went and called my father, he came out with a light, and looked in the van and found the things in it—he sent my mother up to Penn's house to tell him—there was nobody there when my father came out with a light, they had gone away—I did not see Donoghue handle any thing, nor speak to the other one—he was close to the van.

Cross-examined. Q. What time was it? A. Past seven o'clock, it was dark—Donoghue did nothing at all—I did not speak to him, he was very tipsy.

COURT . Q. Whose van was it? A. My father's—there was no horse to it—I was examined three times before the Magistrate, about the van every time—the van was standing where it usually does when it is not wanted, by our door—my father has not a horse of his own, be hires one—the van is used for moving goods.

JOHN WILLIAMS . I am the father of last witness, I live within a few doors of Mr. Penn. My son gave me information—I went out with a light, saw the linen and things in the van—I sent my wife to tell Penn—he came to the van—I tied the things up, and carried them home for him, into a place behind the bar.

THOMAS CHURCH . I am a policeman. At ten minutes after nine o'clock, from information I received, I went to Penn's house—I saw the prisoner Taylor with two women, standing near the back-door which leads into the yard—Taylor immediately went into the yard, leaving the women—I followed him, and found him in the water-closet—I could not see him, he being a sweep, and it being dark—I called out, "I want you"—he came out, and I took him to the station—I returned immediately afterwards to Penn's house, searched the water-closet which I took him from, and found this knife thrown down the water-closet, and on the blade of it are several pieces of putty—I can almost swear it was putty, from the state it was then in—I afterwards went up stairs into the room, and fitted the knife to some marks in the middle pane of a window, and the point of the knife corresponded exactly with the marks where the pane had been broken, by which means the robbery had been effected—the putty had been scraped out on one side, and at the bottom there was two marks on the edge of the frame—I saw marks of soot on the

bed-curtains and on the mattress—I do not know any of the prisoners—Taylor was black, like a sweep—I saw marks of white on his knees, shoulders, and arms, at the station, such as a person would have by climbing up a white wall—there were also marks of black on the inside of Penns wall, such as sweep would make by getting up—marks of a person's toes—the wall is about twelve feet high—there is a urinal in the yard, a water-closet door, and a wall above, then the leads, so that it is like a pair of stairs—he could get on the leads very easily, and on that lead the window opens.

Cross-examined. Q. Whose feet would you swear made the marks? A. I cannot swear—they appeared to be marks of toes—I do not swear they were—I almost swear the marks on the knife were marks of putty—it is a common sort of a knife—I fitted it in the wood where the putty was scraped away, and it corresponded—no doubt any common knife would produce the same mark.

AMBROSE MUGFORD . I am a policeman. I was at the station, about half-past seven o'clock, when a boy came—I was ordered to go up to Mr. Penn's house—I went, and Penn gave Ryan into custody—I took him to the station—I was going back to the house, and saw a brother constable with Donoghne, and assisted in taking him to the station—I went to Perm's house, and brought the goods to the station in a bundle—I have seen Taylor and Ryan before—Taylor is a sweep, and is generally black—I never saw Ryan with a black face before.

Taylor's Defence. His statement was quite different at Union-hall; they convicted one another there; one of the boys said he saw Ryan throw things over the wall, and a man underneath in a brown coat caught them, and ran up to the van; one of the other boys said he saw Ryan throw them into the van himself; he did not say so at Union-hall; one swore it was a man in a brown coat, and the other said it was Ryan; I never had the knife in my possession; I had been in the house an hour and a half; I went backwards, and had not been there five minutes before the policeman came.

TAYLOR — GUILTY . Aged 21.

RYAN — GUILTY . Aged 22.

Transported for Ten Years .

WILLEY — NOT GUILTY .

DONOGHUE — NOT GUILTY .

812. WILLIAM TAYLOR was again indicted for stealing, on the 23rd of Jan ., 1 keg, value 15 s .; and 1 quart of peppermint, 2 s . 8 d .; the goods of Philip Penn .

PHILIP PENN . I keep the Duke's Head. On the 23rd of Jan., about half-past six o'clock, I was in the bar—Kelly brought me a keg—I said, "Who took it?"—he said, "Taylor"—I took it from him, and put it behind the bar—there was about a pint of peppermint in it—it was mine—I saw it that evening on a corner of a shelf inside the bar—it could be reached from outside the bar, from the staircase—it had a brass tap to it—I went for a policeman, but could not find one.

Prisoner. Q. What did Kelly say to you? A. He at first told me he picked it up off the floor—he then said he took it from underneath your arm—I never saw you till afterwards—I did not go into the tap-room—the other robbery was committed about ten minutes after, and then I hardly knew what I was about—I was busy at the time—there were other people outside the bar, but not inside.

WILLIAM KELLY . I was waiting at the bar for a pot of beer, which Mr. Penn was going to draw for a customer—I saw Taylor going in the direction of the door with the keg under his arm—I immediately took it from him, and gave it to Mr. Penn, telling him who I took it from—he was not drunk.

Prisoner. Q. What did you say to Mr. Penn when you took it from me? A. That I took it from under your arm—I placed it on the ground after I took it from you, and took it up again—Mr. Penn could not leave the bar to give you in charge—I did not say at Union-hall that the reason I did not say any thing was because I did not like to have a piece of work—that was about the other thing.

JURY . Q. Did he make any resistance when you attempted to take the keg from him? A. No, he went away from the bar as soon as I took the keg from him—he might have gone into the tap-room—I saw him again that evening frequently in and out of the tap-room till he was taken—I did not say any more about the keg—I did not molest him—I had nothing to do with it—he did not have any thing to drink that I know of—I cannot say how long he stopped in the tap-room—I received nothing for my services that night, I merely did it out of kindness, Mr. Penn requesting me previous to the robbery being committed—he had a previous knowledge of me—when I took the keg from the prisoner he was in the house going towards the street-door—it was about a quarter of an hoar before the other robbery took place.

THOMAS CHURCHILL . I am a policeman. I produce the keg.

MR. PENN re-examined. This it my keg.

Prisoner's Defence. It is all false what Kelly says; I never went out till I heard the robbery was committed, and then I went to see what was the matter; the keg was taken before. I got the white on my clothes at the station by sitting against the boards there.

THOMAS CHURCHILL re-examined. The wall of the police-cell is not white—there is part white considerably above where the prisoner's knees could possibly get—there is iron four or five feet high—I noticed the white when I took him at Penn's house.

GUILTY .

Before Mr. Recorder.

813. THOMAS MAY was indicted for stealing, on the 30th of Jan ., at Camberwell , 9 forks, value 5 l .; 13 spoons, 5 l .; and 1 knife, 8 s .; the goods of George Glenny Anderson , in his dwelling-house.

RACHEL HART . I am servant to Mr. George Glenny Anderson, of Dul wich-common, in the parish of Camberwell. On the 80th of Jan. I went out of the kitchen into the pantry, and while there heard a noise of the plate in the kitchen—I had left some silver forks and spoons on the dresser, amount ing to between 8 l . and 9 l .—I went into the kitchen, and saw the prisoner with the plate in both his hands, all out of the basket—I pushed him back to the dresser, and he dropped part of it in the basket, and part out—I seized hold of him, and asked what brought him there—he said he wag doing nothing—he said after that he was begging—I gave him into custody.

Prisoner. I went into the kitchen to look for some bread; I happened to knock against the tray, the servant came in, and said I had taken the plate; I had not touched it. Witness. He had moved all the plate from where I had left it—I had not known him before—the boy had just gone out for a can of water, and left the door open—the plate was in a little, deep black tray, which I used to keep the knives in—I had put it there to wash it—I did not knock any of it down on the ground—I am positive he had it in his hand.

CHARLES SIMMONS . I am a policeman. I took the prisoner into custody—the prosecutor's house is in the parish of Camberwell—we have only got one spoon here, the lady would not let her bring the rest—I saw it at the time.

GUILTY . * Aged 15.— Transported for Ten Years .

Before Mr. Recorder.

814. FREDERICK CHARLES BURNHAM BLACKWELL , alias Frederick Burnham Blackwell , was indicted for feloniously forging and utter ing, at Camberwell , on the 30th of Dec ., a certain deed, purporting to be an indenture, made in the year 1840, between one Richard Constable , Eliza beth Hollis Constable , and Joseph Stanley , with intent to defraud the said Elizabeth Hollis Constable .—4 other COUNTS , varying the manner of laying the charge.—2 other COUNTS , stating his intent to be to defraud Eliza Watts .—2 other COUNTS , stating his intent to be to defraud Richard Con stable .—6 other COUNTS , for forging and uttering a certain written instru ment, purporting to be a deed, with the like intents.

MESSRS. CLARKSON and B ODKIN conducted the Prosecution.

RICHARD BIRCH . I am a solicitor; until lately I was in partnership with Mr. Sutcliffe; we carried on business in New Bridge-street, Black friars—we were professionally concerned for the late Richard Constable—I believe our engagements with him commenced in May, 1838; he was at that time residing in Manor-street, Kennington—he had a life-interest in a place called Mount Pleasant, at Lewisham, at that time—I prepared his will—I cannot say when—he died on the 31st of December, 1840—this is the probate of the will—( looking at it )—after the execution of his will I prepared a deed of settlement, by way of conveyance of his property; that must have been about Feb., 1839—I prepared the deeds on behalf of Mr. Constable—these are the deeds—I pre pared this deed of the 1st Feb., 1839, and here is another of the 4th and 5th—they were prepared at the same time—I attended the execution of them—all these instruments assume to dispose of his real property—Mr. Constable was introduced to us as a client, by a Mr. Joseph Stanley—I do not know when Stanley died—from time to time, during Mr. Constable's lifetime, Stanley saw me on the part of Mr. Constable, about his affairs—Mr. Constable was very old and infirm—I have no doubt that Stanley came to me in July, 1840—he came, I think, in Aug., 1840, and gave me instructions about preparing a deed—I prepared the deed, in pursuance of written directions, which I believed were given by Mr. Constable—I had a letter, which I believed, at that time, to have been written by Mr. Constable—that letter was handed, with all Mr. Constable's other papers, to Messrs. Hale, Boys, and Austen, who succeeded us in the business—I am not attesting witness to all these instruments, only to these two of the 1st of Feb., and 4th and 5th of Feb.—I think I am acquainted with the handwriting of Mr. Constable—I have seen him write, and have bad frequent letters from him—I also attested his will in January, 1839, and a mortgage-deed, in 1838, the transfer of a mortgage—this is the letter which Stanley brought to me in August, as from Mr. Constable ( marked A)—in consequence of that letter I prepared the draft of a deed—Stanley brought me back the draft—it remained in my office till Dec.—I got it engrossed by Stanley's direction—this is the deed—( looking at the deed charged to be forged )—it was engrossed on the 30th of Dec., 1840, and handed to Stanley on the 31st—I am quite sure of that—I cannot form any idea as to what time of the day Stanley had the deed from us—it was the last day in the year, and we closed our office rather earlier than usual that evening, but I cannot remember the time—our office opened at ten, or a quarter to ten o'clock, and closed, I should think, at four—at the time it was given to Stanley, it was not exe cuted by any body—it had just come from the stationer's—I cannot re member how soon I saw the deed again—it must have been a few days—it was brought to me by Stanley, and I rather think Stanley signed the deed in my presence, but I am not sure—when he brought it, it was executed as

it now appears, signed by Mr. Constable, and attested, as to the signature of Mr. Constable and his daughter, by the prisoner—I did not see that done, it was brought back in that state—I cannot be certain whether Stanley signed it in my presence—I remember baring some conversation with Stanley about the deed—I think he signed it—he was a party to the deed—his signature is to the deed as a party to it—I know the prisoner—I do not think I saw him at all during Mr. Constable's lifetime—after his death, and the deposit of that deed with us by Stanley, I saw the prisoner at my office some few times—he came, relative to the Lewisham affair, and the affairs of Mr. Constable generally—he came from Stanley—he assigned Stanley's illness as a reason for his coming instead of Stanley—he told me where Stanley lived, when I was desired to go down and see Stanley at Mount Pleasant—I went down, and found Stanley there—that must have been in the summer of 1841—it must have been shortly before his death, which was in August, 1841—I remember the prisoner calling at my office while Stanley was ill, when Miss Constable was there, and I introduced them—I told Miss Constable that the prisoner was a nephew of Stanley's, and she said in his pre sence she was glad at seeing him for the first time—after introducing them, I left them to talk by themselves—Miss Constable was very desirous of knowing the state of Stanley's health—before that I bad not looked at the deed with any atten tion—I was not aware that the prisoner purported to be the attesting witness to Miss Constable's signature to the deed—on that occasion Miss Constable expressed herself to him as a person she had not seen before—something was said about Stanley's being ill—Miss Constable desired to know where he was to be found, and to be informed of his state of health from time to time—the pri soner did not tell her where he was to be found—he did not give hit address, but promised to inform her from time to time of his health—I do not know what he said about the address, but it was concealed both from me and her—the forged deed remained at my office until Stanley's death—after Stanley's death, the prisoner called on me, and produced a paper, which he described as being Stanley's will—after I had read the will, and discovered that Stanley had been devising this gentleman's estate to the prisoner, I explained to the pri soner, or to Mr. Jones, a professional gentleman, who was with him, that Stanley had no interest in the estate beyond the payment of a debt that was secured by this deed—at that time I considered this deed to be a genuine document—he produced the original will at the time—it had not been proved—I still re tained the deed in my possession—I had a lien on it for costs incurred in the preparation—application was made to a Judge for an order to compel me to deliver it up, which was refused—my costs were something above 100 l . I ultimately delivered up the deed without an order—I cannot give the date when the deed left my possession—it was delivered up on the payment of my costs due from Mr. Constable.

Q. The application about that deed to the Judge occurred on the 1st of Dec., 1841? A. Then the deed must have gone out of our hands a few days after that—I was not present when the deed was handed to the party—I had examined it before it left my office, to see how it was executed—at the time I parted with it to the prisoner it had the same attestation and execution to it as it has now—it purported to be signed by Richard Constable, Elizabeth Hollis Constable, and Joseph Stanley—at the time I introduced the prisoner to Miss Constable I had paid no attention to the mode in which the deed was attested.

Cross-examined by MR. CHAMBERS . Q. How long before you received instructions to prepare the deed had you acted as attorney for Richard Con stable? A. We acted for him from May, 1838—his business was conducted principally through the medium of Stanley—I have seen Mr. Constable—I

dare say I also received notes from him upon the subject of which I afterwards saw him—Miss Constable was living with her father at that time—I think he always wrote his own letters—I do not know of Miss Constable's sometimes being his amanuensis—I saw her frequently at the house in the course of my communications with her fathers, and he used to come on the subject of her father's affairs as well as Stanley—those visits of hers did not continue up to within a short time of Mr. Constable's death—I should say I saw nothing of her from Trinity Term, 1840, until her father's death-there was then a bill of foreclosure in Chancery with respect to the mortgage—this deed purports to be an arrangement for paying off the demands on Mr. Constable, and also paying off the mortgage—if that had been carried out, it would no doubt have relieved him from his embarrassments—it would depend, of course, on the value of the property, supposing it realised the amount, he would have the surplus, if any—I bad not been consulted by Mr. Constable himself as to the best means of proceeding to get out of his difficulties—the occasions on which I saw him were on business—Stanley lived in the house with him part of the time when I was doing business with him.

MR. CLARKSON . Q. Do you mean at Kennington or in West-square? A. I do not know of his living at Kennington—he lived at Mount Pleasant with him.

MR. CHAMBERS . Q. And Miss Constable too? A. Yes—the last time I saw Mr. Constable must have been in the early part of 1840—I transacted his business myself-I drew the draft of this deed myself—it was settled by a conveyancer—I think the draft was ready to be perused in Aug., 1840—I did not go down to Lewis ham with it—I gave it to Stanley—I cannot say how long he kept it—I know the business stood over till Dec.—at that time the proceedings in Chancery could not go on-I declined patting in the an swer—the cause stood still for that time—I have looked at all these signa tures to the deed—I think this one of Stanley's I saw him write—I will not be sure—I cannot say how long it was after the 31st of Dec, 1840, that I saw the prisoner—I think the first time I saw him was in consequence of his having made a bill of exchange payable and lodging some money with us—I think it must have been some months after Mr. Con stable's death-the deed has blanks in it—I was applied to by Stanley to perfect this deed immediately after I got it, after it was returned executed—I have never been applied to by anybody else to fill up the blanks—I told Stanley we could not supply these blanks unless we had the authority of Miss Constable-I got that authority—this paper ( marked B) purports to be dated Feb., 1841—at that time I had the deed in my possession—I saw Miss Constable after this letter was delivered, not repeatedly—I saw her very few times after receiving that letter, two or three times—I think I must have seen her in the summer of 1841, but I will not swear that—the blanks have not been filled up—I did not tell her I would not fill up the blanks—I never spoke to her at all on the subject of that letter—I did not ask Stanley to get her authority to fill up the blanks—I refused to do it-after this letter purporting to be Miss Constable's authority came, I took advice as to the propriety of stamping the deed and filling up the blanks, and found it would be injudicious-it was in consequence of that advice that I did not do so—here is a sum of 53 l . 16 s . 8 d . referred to in this letter—there had been a sum of about 50 l . paid, which had been borrowed of my partner, not of the firm—that was paid by Stanley on the 24th of Dec, 1840—perhaps there might be interest on it-Stanley had borrowed 60 l . of Mr. Sutcliffe, and deposited the deeds of the Lewisham estate—he borrowed it as Mr. Constable's agent, as he assumed—the 53 l . was paid to my partner—I did not make the slightest reference to this letter when I saw Miss Constable-I did not expect there was any thing

to he said about the deed—I had no suspicion—I never accounted to Miss Constable for not filling up the blanks after receiving this letter—I should have mentioned it if I had been asked about it, but I never was—in my in terviews with Miss Constable, no reference was made to the deed or the let ter—her attention was never called to such a letter purporting to come from her.

Q. Then were you never applied to again to fill up the blanks? A. I think Stanley, after the receipt of that letter, mentioned the subject, and there the matter dropped, as far as I was concerned—when the prisoner was intro duced to Miss Constable I think he was there on business of Mr. Constable's—the prisoner and Miss Constable never met at my office but that once to my knowledge—I think I never saw them together after that—I think the deed and the papers were delivered up without a Judge's order—we had retained them for our bill against Mr. Constable—when that was paid we delivered them up—the bill was paid to our clerk, who is here—at the time I received the deed back from Stanley, apparently executed, I believed it to be genuine—I made an affidavit, in which I stated die time the deed came out of my pos session—that affidavit was read to Mr. Constable's medical attendant—that must have been five or six weeks after they paid the bill—that was when I first questioned the validity of the deed, in consequence of what the medical man said to me—the last payment was 41 l . odd—that was some time after the 1st of Dec., 1841—I do not believe I ever applied to the prisoner for payment of our account—I did not apply to anybody—Hale and Co. had applied to us for the bill—they paid the bill that they might get the papers out of our hands—the 4 l . odd was the first bill that was paid, and the other bill for 16 l . was for business done for Mr. Constable—I did not endeavour to raise a loan on the deed while it was in my possession—I entered into negociation for a loan, on the old title, in Trinity Term, 1840, never after that—that money was to be raised for the purpose of paying off the mortgage—I was not then in possession of Mr. Constable's deeds—there were no deeds of Mr. Constable's in our possession, except a deed left as a deposit for 41 l .—we wanted to get money to pay off the incumbrances on Mr. Constable's estate—we endeavoured to do that—I do not think I saw Mr. Constable on that subject, nor Miss Constable—all that took place was with Stanley—I do not remember ever seeing Miss Constable at any time when there was a question about getting money to pay off her father's incumbrances—I do not think she ever evinced any wish of that kind—I believe all the conversation was with Stanley. Q. What was the object of your seeing her at all? A. When she came, she came for advice on particular points, in reference to giving a notice to quit, and those sort of things—I rather think I did though, try to get money after Dec. 1840—if yoa will give me the bill, I can tell—this is my bill against Stanley—oh, yes, I remember I saw Mr. Vigors, of Chancery-lane, on the 23rd of Feb. 1841—that was soon after the deed came into my possession—I saw Mr. Vigors for the purpose of raising money to pay off all the incumbrances—I saw Stanley on that subject, but not Miss Constable—I did not succeed in raising the loan—I should say this was not one of the deeds upon which it was to be raised—it was supposed Miss Constable was in a situation to give a mortgage on the freehold estates, in concurrence with Stanley—it must have been on that deed, if Stanley had any thing to do with it—it was not carried into execution, and we were not successful in raising the money—there was another attempt made, I see, on the 22nd of March—that must have been after I got this letter, authorising me to fill up the blanks.

Q. Did not you attempt to raise money on this deed? A. The deed itself was not mentioned—we considered we could give a good mortgage on the estate, with the concurrence of Stanley and Miss Constable—Aldridge, the

mortgagee, was to be paid off—we should have indorsed something on the deed in discharge of our debt—I believe this letter ( marked C) to be Mr. Constable's handwriting—the signature to this (D) is very unlike his—I never remember seeing this letter before—I really cannot say; I have a doubt about it, or else I should say at once—I have seen Miss Constable write—it is not like hers—I think it is not hers—I should say this was (E)—allow me to look at the one I have a doubt about ( again looking at D)—I now think that is Mr. Constable's—I believe these are his (F and G).

Q. Did you know of Stanley's being engaged to Miss Constable? A. I never knew it from her—I never conversed with her on the subject—I knew of the fact is another way—I believed it to be a fact—I did know of it as a fact—I understood they were engaged to be married.

MR. CLARKSON . Q. who from? A. From the gentleman who introduced Mr. Stanley to me.

MR. CHAMBERS . Q. Was that while Mr. Constable was alive? A. Yes—I never talked to Mr. Constable about it—I cannot give the date when I last saw Mr. Constable—it must have been some time prior to Trinity Term, 1840—I dare say I looked carefully at the deed when it was delivered back to me—I cannot remember—I dare say I examined it to see that it was properly done—I cannot recollect whether I looked at the attestation, but I have no doubt I did.

MR. CLARKSON . Q. During the time you were negociating for the purpose of raising money on the title to Mr. Constable's estate, had you any reason to believe that there was any question as to the validity of this deed? A. Oh no, Miss Constable never called my attention to the letter of authority or to the deed—she never spoke to me on the subject.

THOMAS JOHN COWARD . In 1841 I was clerk to Messrs. Suteliffe and Birch. I knew the late Joseph Stanley very well—at the latter part of 1841 some proceedings were taken by Hale, Boys, and Austen, of Ely-place, to obtain pos session of some papers in our possession—on the evening of the lstof Dec. 1841 I saw the prisoner and a clerk of Hale, Boys, and Austen, at our office, and a third person, came, whom I believe to be Mr. Newhall—Hale and Co.'s clerk said he came for the deed which we had in our possession, and to pay us the costs—the prisoner was close to him, and in hearing, the whole time—he was all the time in the same office—the clerk said the application was made on be half of the executors of the late Joseph Stanley—I am sure the prisoner was by at that time—the clerk paid me the costs, which amounted to 168 l . 15 s ., and the deed was given up—it was handed over to Messrs. Hale's clerk, in the prisoner's presence—this is the deed—( looking at it. )

Cross-examined by MR. CHAMBERS . Q. Was that the only instrument you banded over? A. Yes, on that evening—I should think I was half an hour before I handed it over—I was not in conversation with Messrs. Hales' clerk for some time in the prisoner's absence—I will not swear that the prisoner was not absent for a minute, but he was not absent for some time—I do not think he was absent for a minute; he was not absent for half an hour certainly.

MR. CLARKSON . Q. By whose directions did you deliver that deed to Messrs. Hales' clerk? A. By Mr. Birch's directions—he was in an inner office at the time—the prisoner was in the office all the time, and joined in the conversation, not with Mr. Birch—I dare say he said something about the deed, but I do not know precisely—at the time the clerk said he came from the executors of Mr. Stanley, I knew that the prisoner was one of those executors—I had seen him there before—he had not been on the subject of this deed that I know of, but on the subject of the property to which the deed referred.

WILLIAM JOHN MARTIN . I am clerk to Messrs. Hale, Boys, and Austen. I am subscribing witness to this agreement—I saw it executed—( This agree ment not being stamped was not read. )

JOSEPH FRY HEAKES . I am clerk to Mr. Kirk, of Symons-inn—he is attorney for this prosecution—I produce an examined copy of an answer in Chancery in the cause of Aldridge and Blackwell—I examined it with the original in the office.

Cross-examined by MR. BALLANTINE . Q. Is a person named Fluker a fellow-clerk of yours? A. Yes. THOMAS HILL . I am a draper, and live in Southampton-street, Camber-well—I know the prisoner—he was living with me as shopman in 1840—I know his handwriting—I have seen it many times—the signature "F. C. B. Black well" to the attestation of this deed is his writing; also the words "by the within-named Richard Constable and Elizabeth Hollis Constable" I should say are his, ( attestation read ) "Signed, sealed, and delivered by the within-named Richard Constable and Elizabeth Hollis Constable, in the presence of F. C. B. Blaekwell and Lavinia Blackwell."

JOHN CHARLES WEAVER LEVER , M. D. I reside in Bridgehouse-place, Southwark. I was acquainted with the late Mr. Richard Constable—I attended him professionally up to the time of his death—he died the last day of 1840—at that time he lived in West-square, Southwark—I also knew Joseph Stanley—on the eve of Mr. Constable's death Stanley came to my house to fetch me to see Mr. Constable; in consequence of what he said, I accompanied him back to Mr. Constable's house—we got to Mr. Con stable's house a few moments after the clock struck seven—the clock was striking seven as we entered West-square—when I got into the house Mr. Constable was just dead—I had seen him on the previous day and on that morning alive, I should think between eleven and twelve o'clock in the forenoon—I cannot exactly state the time—he was then dying—he was decidedly not capable of retaining a pen in his hand—he was not sensible.

COURT . Q. Was he so far in a dying state as not to be likely to recover his senses? A. Certainly he was not likely to recover them—I considered him a dying man from the 28th or 29th of the month.

MR. CLARKSON . Q. What state was be in on the night of the 30th? A. Unable to answer questions put to him—I am speaking within bounds when I say that for thirty-six hours before his death he was incapable of answering a question—it was both a physical and mental incapacity—he had inflamma tion of the lungs, and the brain was affected as well—there was no defect of voice—he could speak before his death, but he was more or less delirious from the 24th of December—for twenty-four hours before hit death he de cidedly could not have written his name, or retain a pen in his hand—I know his handwriting—I have often seen him sign his name—the signature to this deed is certainly not his handwriting—I was the attesting witness to one will which he executed, not the will the probate of which has been produced—I afterwards heard of Stanley's death—Mr. Birch told me of it—in consequence of something which I heard I afterwards called at the office of Hale, Boys, and Austen, and had tome conversation with somebody there.

COURT . Q. Was there any occasion on which you heard Mr. Birch read an affidavit, as it was called? A. He read extracts from an affidavit on one occasion in my presence, upon which I called Mr. Birch's attention to the state of Mr. Constable.

Cross-examined by MR. BALLANTINE . Q. How long altogether had you attended Mr. Constable previous to his death? A. When he was ill, for

five or six years previously—he was, I believe, ninety years of age—I have received letters from him; I received one within six months of his death, in his own handwriting—I do not know his daughter's handwriting—I never received any letters from her—I have known her the same time as I had known her father—she lived with him, I believe, the whole time—I have at tended her on several occasions when she was living with her father—she was in the room with him when I saw him on the morning of the 31st of Dec., the whole time—I am sure of that—I cannot state whether I found her there when I went in the morning—I do not recollect her coming into the room—I know she was there, because I remember telling her that her father would not live, most likely, twenty-four or forty-eight hours—I can undertake to swear that I told her that on the morning of the 31st of Dec.—that was in Mr. Consta able's room, I am certain of that—I found her in Mr. Constable's room when I got there in the morning—she remained there the whole time I was there—I remained there, perhaps, a quarter of an hour that evening—I know Mr. Con stable's handwriting perfectly well—this letter ( marked A) is very much like his writing—I cannot swear that it is or is not his; I should say it was not his—one part of the signature is very much like it, and the other part is not—the "Richard" is very much like his, the remaining part of the last word is unlike his—I certainly do not believe that to be his handwriting—let me look at it again—I have not read the letter—the whole of the word "Con stable's I believe not to be his handwriting—I believe the "Richard" to be very much like his—I do not believe this (C) to be his handwriting, nor this (D)—I believe this (E) to be his, and these (H and F)—I do not believe this (G) to be his.

Q. When had you any suspicion of anything wrong?—was it when you beard something read out in your presence by Mr. Birch? A. Yes; my suspicions were first attracted by that circumstance—I cannot fix the date of that—it was after the 5th of Nov.; I think the beginning of Dec.; I cannot say exactly—it was on a Friday, either the first or second Friday in Dec.—I had a bill against the executors of Mr. Constable for my attendance on him, I think it was about 30 l .—that has not been paid—I have requested pay ment of it—I have requested payment from Miss Constable herself, as execu trix under the will—I first requested payment from her a few weeks, perhaps a month, after her father's death, when she was getting together the bills that were due—I afterwards applied to the prisoner, before 1 knew of the exist ence of this deed—it was about the 6th or 7th of Nov. that I first applied to him—I have seen him once or twice—I have applied to him verbally and otherwise, perhaps, three or four times—I wrote to him after I heard the affidavit read of the existence of this deed.

MR. CLARKSON . Q. Did you make any application to him after you knew of this deed, except in writing? A. No.

MR. BALLANTINE . Q. Had you and he any personal dispute about it? A. None at all—when I applied to him in writing I did not get my money, or any answer—it was not then for the first time that I mentioned my sus picions to anybody—I had mentioned them to Mr. Hale before—that was after my endeavours to get the bill from the prisoner—when I first applied to the prisoner I did not know of the existence of this deed—I knew of Stan ley's death, and had read of Stanley's will, in Doctors' Commons, leaving his property to his nephews and nieces—I had no dispute with the prisoner about a picture—I requested him to give me one, which Mr. Constable had presented me with in his lifetime.

Q. What made you apply to the prisoner for Mr. Constable's picture? A. Because I understood from Mr. Birch that he had come into possession of the property—he promised to send me the picture—he did not do so—I have

since got it from Miss Constable, perhaps two months ago—I first saw Miss Constable after writing to the prisoner last summer—this is the letter I wrote to the prisoner—( produced. )

Q. Had you at that time the slightest intention of saying one single word about your suspicions, if you had been paid the amount of your bill? A. Certainly I had—I should not have moved in the case, paid or not, unless I bad been subpœnaed or summoned—I cannot swear that I did not mention the case to anybody after writing this letter—I may have mentioned the case, but I should not have forwarded the case unless subpœnaed or summoned—I should not have come forward in the matter at all—I was acquainted with Miss Constable as long as I knew her father—I certainly thought that a deed of this kind would materially affect her interests—I certainly did not mean to do anything about it unless summoned or subpœnaed—I should have kept perfectly quiet up to the present moment, unless I had been summoned or subpœnaed—I did not, on the prisoner not paying my bill, go and make a communication without being summoned or subpœnaed—I might have mentioned it—I cannot tell to whom—I went to Mr. Hale before I wrote that letter—I did not make any communication after Writing that letter, till one of Mr. Kirk's clerks called on me for my information—I cannot tell how he came to do that—I think I had not made any communica tions previously—I was first summoned to Union-hall—I cannot say whether I had made any communication to anybody previous to that—I might have talked of it, but it must have been in the course of conversation, not to forward any criminal proceedings—my bill has not been paid—Miss Constable has not promised to pay it—I have not applied to her for pay ment since this affair—I did not apply to her for the picture—she left it at a house for me—I have had no communication about the payment of my bill since, with anybody—I made no further application after receiving no answer to my letter—I let the thing rest until I was summoned to Union-hall.

MR. CLARAKSON . Q. How long have you been practising as a doctor of medicine? A. Six months—I was admitted as a member of the College of Physicians last June—before that I was a member of the College of Surgeons, and of the Apothecaries' Company as well—I have been practising in London nine or ten years—the payment or non-payment of the 30 l . would not have altered the evidence I have to give—Mr. Constable had made me a present of the picture about eighteen months before his death—I had failed to re move it from his house during the time he was at Lewisham—Mr. Stanley had often promised to bring it to town, but he never did—after his death I applied to the prisoner, as Stanley's representative—about two months ago Miss Constable sent it to a place for me, from which I removed it

WILLIAM LISTER . I am a cloth-factor, and live in Basinghall-street, City. I am a member of the Common Council—I was an old acquaintance of the late Mr. Richard Constable—I know his handwriting—do not be lieve the signature to this deed to be his handwriting.

Cross-examined by MR. CHAMBERS . Q. Did you ever see Mr. Constable write on parchment? A. I do not know that I have—I am confident this is not his—I have letters in my pocket which I received from him—I have been looking at those letters—I do not see anything tremulous in this sig nature—I do not think it is at all like his—it is totally unlike it—it does not bear the least resemblance, in any one of the letters—I do not think it would deceive me for an instant—I have a letter of his in my pocket, dated as late as May, 1840, and one of Nov. 1839—he was in the habit of corre sponding with me up to as late as May, 1840, on matters of business, rela tive to his estate—the signature to this letter ( marked E) is more like his

writing, but I have my doubts of it, I do not think it is his—that I think is his ( marked D) and this ( marked A); I have doubts upon this ( marked C)—I do not recollect ever seeing any such a flourish to the "C"—the finish to the "e" resembles his more—I have not been in the habit of seeing him sign his name "Richard," only "R"—this is "Richard" at length, and I do not recollect ever seeing his "C" with such a flourish underneath—I cannot say that this is his signature (H)—the "e" does not finish in his usual way, and the top part of the "C" is different to what he used to make—I doubt that being his—I know Miss Constable—I have seen her at her father's, when I have called to see him—she used to pass by the name of Watts—the last time I called to see them was the 10th of Feb., 1840—I have not seen him or her since—they were then at Lewisham—I do not know her handwriting—I never saw her write, nor ever received letters from her—I do not consider the signature to this (G) to be Mr. Constable's—I knew Stanley in the wool-trade—I met him at Mr. Constable's latterly.

---- THOMPSON , M. D. I am a nephew of the late Mr. Richard Constable. I knew his handwriting very well—I certainly think the signa ture, "Richard Constable," to this deed, is not his writing—there is less of flourish in it than he always used—it is certainly an imitation of his writing, but it is clearly not his—I have not a doubt about it.

Cross-examined by MR. CHAMBERS . Q. You have seen that before, have you not? A. I saw it here on Friday—I looked at it for some seconds or minutes, as I have looked at it now—I do not think I ever saw my uncle sign a deed—it does bear some resemblance to his writing—I never should have suspected it to have been his, if I had seen it—I should certainly say it if clearly not his—when it was put into my hand I had been informed that the question was, whether it was a forgery or no forgery—it bears some resemblance to his writing; not a strong resemblance; I think it is an imitation—I can swear I think it is not my uncle's writing—this paper marked (C) is a good deal more like his writing—I should believe it was his, except that it is "Richard" at length, and forty-nine times out of fifty it was "R" only—I think it is his, with that exception—I cannot certainly say whether I ever saw him sign "Richard"—it bears a very close resemblance to his writing—this paper marked (A) I should take as his writing—I have no doubt about it—the word "Constable" is very like his, I think it is his writing.

MR. CLARKSON . Q. I believe you live at No. 129, Piccadilly? A. Yes—my uncle resided at Lewisbam formerly, and latterly at Kensington—he was the brother of the late Mr. Abraham Constable, who lived at Lewisham many years, and was a magistrate there—this property originally belonged to him—he built the house.

FREDERICK JOSEPH WRIGHT . I am keeper of the Records of the Court of Chancery—I produce the original answer of Frederick Charles Burnham Blackwell and Phœbe Blackwell to a bill—here is the answer, and here the bill—there was also an answer of Miss Constable, that is not here—it could have been if it was wanted.

THOMAS HILL re-examined. I believe the signature to this answer to be the prisoner's handwriting. ( The following extract was here read front the an swer :)—"But they do allege, as the fact is, that the said Richard Constable did in his life-time execute an indenture, bearing date 30th Dec., 1840, under which the said Joseph Stanley claimed to be entitled to the equity of redemp tion in the said mortgage.

JOB JONES . I am a linen-draper, and live at Islington. The prisoner was apprenticed to me—he served about four years and a quarter—I know his handwriting—I saw very little of it while he was with me, not sufficient to

swear to it—the attestation to this deed seems very much like hit writing—I cannot swear to it—it is something similar—I should believe and rather think it was his:—( The following extract from the Bill in Chancery, was here read :—"And whether they do not allege, and insist that the said Richard Constable in his lifetime, and Elizabeth Hollis Constable since, have or not executed the said deed to Joseph Stanley deceased, and other documents Under which be became or claimed to be entitled to some estate and interest in the said mortgage.")

CHARLOTTE STANLEY . I am the wife of John Stanley, a surgeon, and live in Commercial-road, Lambeth—he is the son of the late Joseph Stanley—I was acquainted with Joseph Stanley—he was the prisoner's uncle—I knew him in the years 1836, 1837, and 1838—he was very badly off at that time—I frequently lent him money—he was in a state of poverty during the years 1835, 1836, 1837, and 1838—I know that by his coming to me, and borrowing 1 s . and 6 d .—he wan in the habit of doing to—I know the pri soner—I never saw him and Stanley together in the Fleet—I have been frequently in the Fleet, but I never saw Stanley there—he went to the coffee-room—I never saw him and the prisoner together—I do not know whether the prisoner was in the habit of associating with Stanley—I saw the prisoner's sister, Phœbe, at the time her father lay dead—I am not aware that the prisoner was in the habit of associating with Phœbe.

DR. LEVER re-examined. I did not see Stanley at any time on the 31st of Dec., until he called at my house—I did not see him at Mr. Con stable's house on the 30th—I never saw the prisoner at Mr. Constable's.

MR. CHAMBERS . Q. About how long altogether, putting both your visits together, do you think you were in the house that day? A. Half or three quarters of an hour, including both visits—his daughter nursed him.

CHARLOTTE STANLEY re-examined. I belive the prisoner was aware that Joseph Stanley was in great poverty, from different conversations that I have heard when I have been with some part of the family—I never learnt it from the prisoner himself—I was very little with him—I have seen very little of him—I have heard that Stanley was in the habit of going to the Fleet Prison, but I did not see him—William Blackwell, the prisoner's brother, was in the Fleet—I do not know from the prisoner, or from anybody in his presence, whether he knew of Stanley's going there—I have heard him speak ill of Stanley.

MARY WAGNOR . I did live at No. 19, Liverpool-street, Camden-town, but now live at No. 16, Stanmore-street, St. Paneras-road. I knew Joseph Stanley—he was in poverty—he came to me the year the Queen was crowned, in the summer time, and was there about seven or eight months—I cannot say exactly to a month, but he left me about Easter, and I was very glad to get rid of him—I never saw the prisoner.

ELIZABETH JENKINSON . I live at No. 15, Swinton-street, Gray's-inn-road. The late Joseph Stanley lodged at my father's house for about ten weeks, in the year 1838—during that time his circumstances were very poor indeed—his wife and three children lived with him—they appeared very pool in their circumstances, and their clothing was poor—the children were con stantly coming into our kitchen complaining of hunger, and their clothing exhibited poverty in the extreme—this was about the middle of April, 1838—he was to pay 12 s . a week for his lodging, which he did for the first three weeks, and afterwards we had it by instalments—I know nothing of the pri soner—I never saw him before—I remember Stanley's wife being confined—she had no doctor until afterwards, and no nurse was spoken to—she had her sister to nurse her afterwards—there were very few clothes for the child.

Cross-examined by MR. CHAMBERS . Q. Is 1838 the last time you speak of Stanley, within your knowledge? A. It is—he did not go about with ragged clothes like a beggar, but his children and his wife did—he generally went out decently dressed, like a respectable person.

MR. CLARKSON . Q. Had you any idea how he got his living at that time? A. He told us he was a wool-stapler.

---- YACKNEY . I am an engineering surveyor, and live in London-road, Southwark. I knew the late Joseph Stanley from eighteen to twenty years—in 1836, I dined with him at one of his son's, Mr. John Stanley, in Her cules-buildings, Lambeth—I knew him, and saw him in the years 1835, 1836, 1837, and 1838—I think I saw him up to about the latter part of Sept, 1838—he did not appear to be a person of property, on the contrary—the first time I met with him he appeared very needy, and said he was travel ling, selling cigars and tea by commission—I should say his circumstances were very indifferent—there was every appearance of poverty.

Q. Did you ever know him to be in a condition to lend 800 l . or 1000 l . A. I should rather question such a thing, certainly—I should say certainly not.

Cross-examined by MR. CHAMBERS . Q. What period of 1838 do you speak of? A. That was the last time I saw him—it was in the City, at the latter part of Sept., I should say about the 20th—I never had any dealings or transactions with him, beyond sometimes giving him a glass of stout, and a sandwich—that was the last refreshment we had together—I never let him go by without speaking, because I was always soliciting him to do something for his son—he was engaged in Chancery matters at that time.

EDMUND MESSENGER . I am a tailor, and live at Camberwell. I know the prisoner, and have often seen him write—the signature, "F. C. B. Black well," attesting this deed, I believe to be the prisoner's handwriting; also the writing above, "By the within named Richard Constable and Elizabeth Hollis Constable, in the presence of"—that is all in his handwriting.

Cross-examined by MR. BALLANTINE . Q. How long have you known him? A. From the year 1839—I did not live with him then—he was intro duced to me by a person named Smith—I was arrested for debt in 1840—the prisoner did not become bail for me on that occasion—I drew a bill on him about that time, for money which he owed me for clothes, and it was never paid—I went to live with him at Croydon, and assisted him in his shop there—that was two years after I drew the bill on him—he has never paid me the money, I could not receive it, for when I failed I made an assignment of my property—he did not make any charge against me after I had been with him about three months—he did not give me into custody—he did not charge me with robbing him of 4 l . 16 s ., nor did he give me into custody in the presence of one Thomas Clack—that I swear—he never threatened to give me into custody—he said there was a balance of 4 l . 16 s . or 4 l . 18 s . due, and we proved afterwards that there was no deficiency whatever—he did not, to my knowledge, say that I had appropriated it to my own use—he did not threaten to give me into custody on account of that deficiency, or any thing to that effect, to my knowledge—this is the very first I ever heard of it—he did not charge me with embezzlement—I did not leave immediately after that—I remained two or three months after he mentioned about the 4 l . 16 s .—I assisted him when I was in business—I have often seen him write.

ARTHUR WIGTON GRANT . I am a cowkeeper, and have lived at Lewis ham all my life. I knew Joseph Stanley, and know the prisoner—after Mr. Constable left Mount Pleasant-house, the prisoner came to live there with two females—I cannot say in what year that was—it is about two years ago, or rather better, perhaps—I do not know that I ever saw Stanley there with

them—I remember the time when the furniture was taken away from Mount Pleasant—I did not see Stanley with the prisoner on that occasion—a carrier of the name of Lane removed part of the furniture, in the prisoner's pre sence—that was on the 4th of June, 1841—I purchased some little articles of the prisoner from the yard, and paid him for them—that was on the 4th of June—I have seen him write—I believe the signature to this deed to be his writing—I cannot speak to the words, "By the within-named," &c.—( looking at a paper )—I got this piece of paper from the prisoner on the 4th of June, the day it is dated—I agreed with the prisoner to purchase a field of grass—that was one of Mr. Constable's grass-fields—on my agreeing to purchase it, he wrote that paper—I paid him 5 l . on the day it was purchased, and was to pay 5 l . more on the 26th of December following—I did not pay that according to agreement—I imagined that he had a proper right to the grass, or else I should not have purchased it—I cut the grass, and made it on the premises, and stacked it on my own—I cannot say that I ever saw the prisoner and Stanley together—I have very often seen Stanley at Mount Pleasant, not during the time the prisoner was living there, but previously—I believe Stanley lived, at Mount Pleasant—he very often used to go up and down the lane.

ELIZABETH HOLLIS CONSTABLE . I am the daughter of the late Richard Constable. I resided with him down to the time of his death—he died on the 31st of Dec., 1840, in West-square, Lambeth—he was quite unconscious on the day he died, and also the day before—I knew Joseph Stanley—he came to my father's house, in West-square, the day my father died—I am not quite certain that he was not there the day before—I cannot recollect, but I do not think he was—previous to that I had not seen him for a very considerable time, perhaps three weeks—it was about half-past six o'clock in, the evening when he came on the 31st—he saw my father—I requested him to go for Dr. Lever, and he went—he was a very short time in the house before he went for the doctor—a few minutes, perhaps—he was in my sight all the time—when he came back my father had expired—I can scarcely swear that he was there on the 30th, but I think he was.

Q. Are you able to say whether any business was transacted, any signing of deeds, or anything of that sort, either on the 30th or 31st, by your father? A. Decidedly not—the signature to this deed is not my father's, nor is this mine—this letter ( marked A) is not my father's writing—nor is this one, ( marked B) mine—my father generally signed his name "Richard" in full—the signature to this (A) is "Rich" abbreviated—it is a good imitation of my father's writing, but it is not his—I first saw the prisoner at Mr. Birch's office, I should say at the latter end of June, 1841—that was before I went to Ireland—I afterwards accepted a situation in a nobleman's family in Ireland, and was absent from England for some time—I came over to England on hearing of Stanley's death, and had some interviews with the prisoner, not many—I claimed some furniture in the house at Lewisham, and general property—in pursuance of that, I went to the prisoner's house in Crawford-street—I returned to Ireland, I believe, from my visit to England; and returned again for good on the 18th of Nov., 1841—I went to Crawford-street about a week before Christmas, 1841—the prisoner was carrying on business there at that time—I remember an occasion when there was a conversation respect ing this deed—the prisoner's mother and wife were present then—the conver sation began with an inquiry respecting the furniture, and they were indignant and rude about it—his wife said that they had a right to the furniture, for that my father owed them 800 l .—the prisoner was not present at that time—he came in afterwards—he was in and out of the room—he might have heard the

conversation—I do not know whether he did or not—he and his wife left the house with me; and as we were going along Crawford-street, I said it was quite time that we had a perfect understanding respecting the furniture and property that had been removed from Lewisham—they said they considered the furni ture theirs, for that my father owed Mr. Stanley 800 l ., and Mr. Stanley had left everything to them—I said it was untrue, he never owed him anything—Mrs. Blackwell said he did, for they had a deed for it—I said, "You have no such thing, no such deed"—the prisoner said they had, for he and his wife had witnessed it—I replied, if they had, it was a forgery, for they never saw my father—the prisoner seemed very much alarmed on that, turned himself round, and said, "You don't mean to say that you charge us with forgery?"—I said, "If there is such a thing existing, it is a forgery"—Mrs. Blackwell said, "No, it will be no forgery, unless we swear to it"—I said I felt myself very ill treated, and I should not let it rest where it was—the prisoner said he was going to Chatham, where he had a house of business, and should return in three days—in the course of conversation about witnessing the deed, he said that his uncle had filled in the vacant names, and they had witnessed it at his (the prisoner's) house, at Camberwell—the prisoner kept a draper's shop at Camberwell—my father was never there.

Cross-examined by MR. CHAMBERS . Q. When were you lucky enough to have this conversation? A. About a week before Christmas, 1841, in Craw ford-street—I rather think there were lodgers in the house there—I mentioned this conversation to Mr. Petch, and I mentioned it to Mr. Boys, the following year, in 1842—I mentioned it immediately to my friends, of whom Mr. Petch was one—he is a housekeeper, in St. John-street—I had the prisoner taken up a very short time ago—I never saw him after this conversation, to have an opportunity of doing so before—I was not indicted by him before I charged him—either be or his wife appeared against me at Union Hall—I appeared at Union Hall on a charge of having committed a forcible entry—that was at the instance of the prisoner's sister—she appeared there—it was after that that I had the prisoner taken up—I was not taken into custody—I had gone to a house in which the prisoner's sister lived—I went with Mr. Fluker, the attorney's clerk, not with other persons—the house was not broken into in my presence—I found the door broken.

Q. Did you not go in the dusk of the evening, and after you had sent per sons forward, find the door broken open? A. I sent no person forward—I was invited by Miss Ann Blackwell to take away all the furniture I found there—she brought me the keys to unlock all the doors—I do not know whether that was after the onter door was broken open—I did not know whether there was any door broken open—the door was open—I do not say it was broken open—I found it open—I found Miss Ann Blackwell there, and Phœbe Blackwell, and her nieces—I saw no one else—I saw Mr. Fluker—there were a great number of persons—there was no riot—we had applied to Mr. Cottingham for a warrant, and he considered it was the subject of an action—we were not three minutes about the premises before I found the door open—I will swear my friends were not wailing there the whole afternoon to get in—Mr. Fluker was not, to my knowledge.

Q. How came you to go there that evening? A. I had been there for some days before—the property was mine, and they were conveying it stealth ily away—I had been watching for some days before—I had not been watching that afternoon—I was visiting at a house opposite, at Mr. Clifford's, the assistant overseer—Rutland, the officer, was in the house with me—I did not know who he was then, but I afterwards knew he was an officer—I had taken tea at Mr. Clifford's—I hud been there in the course of the afternoon,

and walking to and fro in the street—I had been there some time watching my property—I was there perhaps six or seven hours, or more, to see that no thing was taken away—Mr. Clifford advised me to remain there, and if I saw any one taking property away to detain it—it was in consequence of what he said that I walked to and fro to see what was going on—I went out, bearing cries of "Murder"—I had been sitting quietly in the parlour—the cries of "Murder" came from Sarah Blackwell, Miss Blackwell's niece—she said it was her—when I went over I found a number of persons in the house—Phœbe Black well was sent to prison—I have been indicted for a forcible entry—I went to Union-hall, and I dare say I was held to bail—( looking at the deed )—I think this signature, "Richard Constable," is not at all like my father's, not the least—it does not bear the least resemblance—I saw it at Union-hall—I had not my glasses on then—two deeds were put into my hand at the same moment, and I could not tell one from the other—I put on my glasses at Union-hall, but I had a very transient glance of the deed there—I have since seen it, and I then said I could not tell one from the other.

Q. When have you since seen it? A. At Union-hall—I do not know who showed it to me—I saw it at Union-hall before the Magistrate—I can not recollect who showed it to me—the room was full of gentlemen—some body showed it to me.

Q. Then first of all you doubted, then you put on your spectacles, and still doubted, and you have since seen it, and you do not doubt? A. Yes—it is not at all like my father's signature, nor is this signature at all like mine—it is of course an attempt, but it is not mine—they are both attempts—I am con vinced it is an attempt, because it is a forged deed—it may bear a resemblance to my signature, but it is not mine—I have seen the deed, and examined it—( looking at a deed of confirmation )—this is my signature—I have seen this before—I executed this at Mr. Boys', in Ely-place—I signed it—I said at Union-hall that I did not recollect signing it—I could not till one from the other—I have always recollected signing a deed at Mr. Boys' office—I was always perfectly conscious that I bad done so—I signed it on the 14th of Dec., 1841—the prisoner had taken me to Mr. Boys', but he had not at that time a retainer from me as my solicitor—in the March following he wrote me a letter, to require that I would give him a few lines, appointing him my solicitor, a written retainer—at the time this deed was executed, the prisoner, Mr. Boys, (Mr. Martin, his clerk, I think,) and Mr. Austin, his partner, were present—Mr. Austin was, I am sure, and I think Mr. Martin was—I went to their office for the purpose of executing that deed—I cannot say that I knew the nature of the deed before I was called upon to execute it—I did not execute it without some hesitation—I asked Mr. Boys to explain it to me—it was not read to me, and he said it was necessary that it should be read, and he read a part of it, which included the name of Phœbe Blackwell—I remarked to him that I had never beard of Phœbe Blackwell before, and it was a very extraordi nary thing to give a benefit to a person I had never seen or heard of—he said she was Mr. Blackwell's sister, and was so mixed up with her uncle's affairs, that it would make great confusion to separate them—(this was before I was charged with violently breaking into the house and taking the furniture)—I inquired of Mr. Boys if he knew this person, I having never seen her—he said he did not know much of her, or he did not know her; that he under stood she was a lame person, and resided in Derbyshire—I had asked to have the contents of the deed explained, and they were explained so far—I did not know what I was signing.

Q. How came you, a person of your mature age, and apparent care and caution, to sign a deed when you did not know what it contained? A. The

prisoner came to me, on my return from Ireland, about the 19th of Nov., 1841, and after speaking of his uncle's death, he inquired what I was going to do respecting the freehold at Lewisham—I said, "I really hardly know what to do with it"—he said, did I know any gentleman who would relieve the free-hold from its difficulties; there was a mortgage of 2000 l . due on it, and the interest—I said no, I did not know any gentleman that was so inclined—he then inquired if he paid off the mortgage, would I give him an interest in it?—I said it was a very pretty place, and I would give any gentleman an inter est in it, who had the means of enjoying it—he inquired what I could live upon as an income—I said my views were humble, and a small income would support me—he said, could I live on 30 l . a-year?—I said "Yes, I could"—he said if he were disposed to relieve it from its difficulties, would I give him an interest in it?—he said that he could do so—I inquired what his means were—he said he had 800 l . his own property; that he had four shops of business, the one he resided in, one at Croydon, one in Crawford-street, and one at Chatham, and that in the course of a few months he should have a very respectable wholesale warehouse in Wood-street; that his brother would lend him 1000 l ., and that he had so much interest in the City, that he could pro cure 3000 l . or 4000 l . at two hours' notice at any time—I said if he could do that, I could certainly see no objection to give him an interest in it—(at this time I had not seen the deed in question)—he inquired what the incumbrances were—I told him there was the bill of costs due to Mr. Parker; there was 2000 l . owing to the mortgagee, with the interest accruing thereon; there were thir teen guineas owing to the Bridge-house estate, for ground-rent for a field; that the house I had insured as long as I could for 1500 l ., but it was now falling in—he said that all those things he would immediately set smooth, that it was a very pretty place, and that in a fortnight or three weeks' time I should see it in as good condition as I had ever seen it before—(there are twelve acres of land to it)—I lent him a pencil, and he calculated what the sums would amount to, and said it would be no inconvenience to him, he could get it done very easily, and left me—I forgot to say that he likewise mentioned that Ely-place, Holbora, belonged to his family, and that they had a very great interest in one side of Earl-street, Blackfriars, if it did not wholly belong to them—no one was present at this conversation—(it occurred in the house of Mrs. Gibbs, No. 4, Kent-place, Pimlico, opposite the end of Lower Belgrave-street—Mrs. Gibbs is a very old friend of mine, and was thirteen years house-keeper to the late Sir William Stirling—on my return from Ireland I wrote to the prisoner, and he wrote to say he would call on me, which he did)—when he had calculated what the amount would be, he said he would see Mr. Boys, of Ely-place, on the subject—I attended at Mr. Boys's, I believe, a day or two afterwards, but the next evening I went to the prisoner in Southampton-street, as I wanted to talk to him about the furniture—he had come so late, that the evening was too far gone to enter on the subject, and I went to him next evening to talk about the furniture, and general property—there were papers of great value to me—when I got there he was not at home—a Mr. Newhall came in soon after I arrived, and after waiting some time, and com plaining that the prisoner never kept his appointments, he left the bouse for a very short time—the prisoner returned home in the meantime, but I did not talk about the papers and other matters of consequence—Mr. Newhall came in again, and complained that Mr. Birch had behaved excessively ill, and said that he was no lawyer, and did not know what he was about—that seemed to be conversation between themselves—they seemed to have been to Mr. Birch on some occasion, and were dissatisfied with him—he said Mr. Birch was a fool; that he had prepared a deed of reversion for the Thompson family

to sign, which is a numerous branch; that he had shown no consideration, and therefore the deed was invalid, and was of no use—I did not say one word to the prisoner about the furniture, or other matters upon which I went to see him—I was there perhaps an hour, or more—I went late, because I would not interrupt his business, his evenings I considered more at leisure—I waited for some time—Mr. Newhall said that Mr. Birch had erred in his judgment; that he understood what my very liberal proposal had been to Mr. Blackwell, and in the formation of another deed, great care must be taken not to com mit such an error—I left the house without mentioning the subject on which I went—Mr. Newhall broke in quite on another subject, said Mr. Stanley had robbed him, and that he had been often deceived by him, and I had no oppor tunity of saying any thing about the furniture—he said Mr. Stanley had made false representations to him, and if the prisoner did not turn out an honest man he should suffer very considerably, for he had put 800 l . worth of goods into bis hands—I do not think I went to Mr. Boys the next day—I went there a few days after the prisoner's visit to me at Pimlico—I did not mention any thing about the furniture and other important matters at Mr. Boys's—I did not doubt the prisoner's honesty at the moment, until I had fully executed the deed, and then they shuffled altogether about the furniture, and would not give any part of it up—previous to going to Mr. Boys, the prisoner had given me his promise that the furniture, and other things that belonged to me should be given up; that it was in the possession of his mother, who lived in Camberwell, but was at that time in Derbyshire, and he apologised for not being able to go with me at that time—that was between the 6th of Sept., when I arrived in London, and that day month, when I was in Ireland again—the prisoner wrote to me in Ireland, and his address was Southampton-street—I was very anxious to know what he had done with the property generally, and when I came to England I took a cab from the Euston station, and went through London to Southampton-street, though I was very much fatigued—I saw the prisoner standing in his shop—I did not know till then that he was a draper—the moment he recognised me, having seen me at Mr. Birch's, he apologised for not being able to ask me into his sitting-room, as there were some gentlemen there on particular business—I inquired after his uncle, whose death had taken place in the interval, and which was the cause of my coming to London—he said he had died in his house; that he had had every care taken of him; that he was a very distressed man, that if he had not done so, he must either have died in the street, or have been taken to the workhouse—this conversation was in the prisoner's shop, in Southampton-street—I do not know whether we were quite alone—there might have been some of his men in the shop—I dare say there were—two women passed while I sat there, who I have since discovered to be his wife, and Phoebe Blackwell—they were not there—they passed through into the inner room, and shut the door after them.

Q. Now when you were at Mr. Boys' office, do you mean to say thai this deed, to which you then affixed your signature, was not distinctly explained to you in all its parts? A. It was not—I do not know the points of it at all—I know nothing that it contains more than this, that Phoebe Blackwell's name was contained in it, and I objected to her name, not knowing her—I afterwards agreed that her name should remain, as I had a great deal of confi dence in the prisoner, and Mr. Boys said, "It will make a great deal of con fusion if we strike her out, and it will not affect your interests at all"—I said, "I know nothing of this man except being Mr. Stanley's nephew, and he has the appearance of an honest man," but I said, "Does it not seem very odd, Mr. Boys, to give an interest to a person I never saw?"

Q. Is that all you knew with respect to the deed, that it gives an interest

in something to Miss Phoebe Blackwell? A. The prisoner in the mean time had brought the draft to me, two or three evenings after I had been to Mr. Boys—it was all done within a few days—the prisoner called on me twice at Pimlico—he brought me the draft, and said he had brought it for my perusal—I said, "Mr. Blackwell, I cannot understand it, it is a great roll of paper, I shall not understand one-half of it, and if you comply with your promises to me, that is all I require," and he took it away with him again—it was soon after I arrived in England that he brought the draft to me, and soon after his first visit to me at Pimlico—no one was present when he brought the draft to me—he begged that no one might be present.

Q. When did he beg that? A. On the evening that he first proposed it—I proposed that I should name his offer to some of ray friends—he said, "No, don't do that, you will be vacillating about it, you won't find any one else that will make you a better offer, and don't mention it to any one"—I did not open or look at the draft at all—I did not make inquiries respecting the furniture when he brought the draft—I paid a great many visits to South ampton-street after that—it was before he brought the draft that I went there and saw Mr. Newhall there—that was between his first and second visit to me at Pimlico—I did not ask him about the furniture when be brought the draft, because he came so late in the evening and hurried away again—I do not know how long he was there—he scarcely sat down—when I saw the roll of paper I said, "This is all leather and prunella to me, I shall not understand it; and if you make good your promises to me that is all I shall require"—I had told Mr. Boys the same.

Q. When you went respecting the deed, you said be need not explain it, it was all leather and prunella to you? A. Yes.

Q. Then you signed it, making that observation, did you? A. It was not ready to sign at that time—Mr. Boys appointed me to go there one day, and there was a mistake in the stamp, and then he appointed for me to come on the next evening—I went next evening—the prisoner came and fetched me from Pimlico in a cab , and I then signed the deed—that was on the 14th of Dec.—it was then that the observation was made about Phoebe Blackwell's name being in it.

Q. Was any portion of it read then? A. I said that I thought it was of no use to read it, I did not care about it; if Mr. Blackwell fulfilled his en gagements, as I had no doubt he would, I did not want to hear any thing about it—Mr. Boys said he never allowed any lady or gentleman to sign any thing in his office without reading it, and in that case he read a part of it—I believe that was what Mr. Boys said—he read the part attaching to Phoebe Blackwell and her brother—I said to Mr. Boys, "Stop, sir, if you please, I don't want such a name as Phoebe Blackwell, I know nothing about her," and he then made the remark about her being so mixed up with her uncle's affairs.

COURT . Q. Was any copy of this deed delivered to you? A. No.

MR. CHAMBERS . Q. What did the deed say with respect to the prisoner and Phoebe Blackwell? I cannot recollect what it was he read—I recollect Phoebe Blackwell's name was introduced, and I objected to it—it was a small portion of it that was read—after reading it he said, "Are you satisfied?"—I said, "I do not know that I have any reason to be dissatisfied; I dare say I shall find this young man very honourable, and that is all I shall require"—Mr. Boys said, "It won't affect your interests at all" and he then invited me round to his desk to sign it—I was going to sign it, he called Mr. Martin, his clerk, I think, and he said, "Stop, Miss Constable, before you sign it I

will call my partner, Mr. Austen, in to witness it"—he did so, and it was signed.

Q. Did you believe that it would not affect your interests at all when you signed it? A. Except, so far that it would relieve me from all the difficulties I was labouring under—I was frightened to move—I considered, by affixing my signature, that I was conveying the freehold estate to the prisoner for a consideration, for my living—I was under an impression that it would be a great benefit to me—the prisoner had firmly impressed on my mind that it would not affect my interests, and not to mention it to Mr. Boys—if the pri soner had performed his promise honestly he would have had a great deal to pay—he is a very young man.

Q. You have spoken in high terms of Stanley; at that time had you any reason to alter your opinion of Stanley's honour? A. The first doubt I had thrown up on Stanley's honour was by Mr. Newhall, who very much astonished me in depreciating him in every way—up to that time I had not the least doubt of Stanley—I had a very high opinion of him, and so had my father—he died with that impression—Stanley had been very much trusted by my father and myself, we placed the greatest confidence in him—he was con stantly with us during the time we resided at Lewisham—it was a lone place, he resided in the house—my father was eighty-seven years of age—we had known Stanley ever since the year 1810—he was then a rich merchant, in King's Arms-yard, Coleman-street, in the wool trade—when he afterwards came to us, he represented that he had been some years in America—he was trusted and confided in by my father and myself from the moment of his putting his foot into our house, from the year 1837, and then he represented that he had just arrived in England—he resided in our house at Lewisham—we went from town to Lewisham—my father died in West-square—Stanley did not reside in that house—we had been there from the period of leaving our house in the June preceding—the house, Mount Pleasant, at Lewisham, was let furnished to a Mr. Freeman, a solicitor, of Coleman-street—I never saw Newhall till I saw him at the prisoner's house—I saw him after that—I have seen him about three times in the course of my life.

Q. Look at that paper, ( marked X) whose handwriting is that? only look at the signature, if you please? A. I have seen what the subject-matter is; I think it is my signature—( looking at an account )—this is neither my writing or my signature—I see what it is, I have heard of it before—I have not seen what the contents are—Mr. Newhall told a gentleman in the gallery of this Court, the other day, that I had signed an agreement for 1,200 l .—I have never seen this paper before.

Q. Then, how do you know that this has anything to do with Mr. New hall? A. Why, there is his name attached to it—I do not know what it alludes to—Mr. Newhall said there was an acknowledgment for 1,200 l .

Q. Did you ever see Mr. Newhall on the subject of any sum of money owing to Mr. Stanley? A. I never saw Newhall bnt once at the prisoner's—I have seen him in his own counting-house, in the presence of Mr. Petch—whatever transaction took place with the prisoner relating to Mount Pleasant was in his own house—there was a transaction with Mr. Newhall and the pri soner relating to Mount Pleasant—no mention was made of any claim of Stanley's of money due to him from my father or myself, or to the prisoner—an account was drawn out by Mr. Newhall regarding the deed Mr. Boys was going to prepare—he said, as Mr. Birch had fallen into so great an error in preparing a deed of reversion, it must be carefully guarded against, and he consulted with the prisoner what sum should be entered to make the next

deed I was about to execute legal—it was stated that there had been no con sideration shown in the former deed.

Q. Was it stated also that the sums had not been filled up in the former deed? A. I know no deed but the one the Thompsons had executed—I know nothing about sums in a former deed—I never saw the Thompsons' deed of reversion, but they told me it was without consideration, therefore it was of no use—it was not stated that the sums had not been filled up in a former deed, I will swear that—the account was drawn out to insert a certain sum to make the deed that I was about to convey to the prisoner valid—the prisoner proposed that it should be 800 l .—Newhall said no, he thought two sums of 400 l . would be much better—I know of no account—there was no memorandum, or any paper written, in my presence.

Q. Did you not just now say there was an account? A. That is the ac count that you have; that is the one I heard Mr. Newhall had spoken of the other day, when he said he had an account for 1,200 l .—when I was at the prisoner's, the prisoner, Newhall, and myself were present, and alone—I saw Newhall writing, but not on such an account as that; it was a small piece of paper, which he took out of his pocket, the back of a letter, or something he was making memorandums, and certain sums were named—the prisoner said it should be 800 l ., that would be sufficient—they first talked of 1,000 l .—Newhall thought it would be too much, and then the prisoner said it should be 800 l .—Newhall said he thought two sums of 400 l . each would do much better—that was to make the deed I was going to give to the prisoner valid—Newhall said that a deed without a consideration was of no use—what memo randum there was he made himself with his pencil, and Mrs. Blackwell ob jected to it—she put her head just inside the room; she was not in the room, but she called the prisoner out of the room—I heard her say something to him, and he said, "Oh, no, you may trust him with anything," and she went down stairs again—I did not write at all, I will swear that—the memorandum was made with a pencil, which Newball took out of bis own pocket.

Q. About how long were you arranging all this? A. The arrangement, whatever it was, was not more than an hour altogether; I dare say it was an hour—Mr. Newhall, in the prisoner's presence, went into the history of the prisoner's uncle, and the prisoner sat quite dumb—he came to me next evening, and I said I thought Mr. Newhall's conduct with respect to his uncle was very extraordinary indeed—he said he thought so too; he never was so astonished at anything in his life; and be then again repeated that his uncle had no funds, and he would have died in the workhouse if it had not been for him.

Q. Just look at this paper, you may read it carefully? A. There is not one word of truth in it—the sums of money that appear there as paid, were paid out of a sum of 300 l ., for which we had sold our house at Kennington, in which my father had resided for fifty-two years, and I can give you the number of every note that was paid—it was in 50 l . notes.

COURT . Q. What is this paper then? A. It is a paper stating that Mr. Stanley has paid all these sums, every shilling of which was put into his pocket, and independent of that he makes a charge here for a sow and eight pigs, Which I paid myself to the man, and he never saw the man—it is entirely a fictitious account—we gave him 30 l . for the carpets—"acceptances for 25 l ." we gave him—the stoves he bought of a Mr. Bell, in the new street that turns out by the Bank, I forget the name—he had 50 l . for that—the house painting was 115 l ., of which we paid every shilling—we paid Collett 40 l . ourselves—"balance of a bill of 6 l . 15 s . 9 d .," we owed no such balance—"a bill of costs, 22 l . 19 s .," which we paid ourselves—he had the money—"Ssmith's bill,

for bell-hanging, 44 l . "—that was a man in Lewisham—we paid him, and it was paid by a bill which was taken up at Davies', the wax-chand ler's, in St. Martin's-lane—"paid on account of furniture, bought at the sale at Shooter's-hill, 17 l . 12 s . cow and calf, 18 l . 15 s .; ditto, ditto, 19 l .; a red cow, 13 l . 5 s . "—they did not come to half the money—we have the account of them—they were bought of Mr. Longdon, of Shooter's-hill—it is true that Stanley accompanied us, but my father paid the money from his own pocket—from his own funds—here is "expenses to Wales, 50 l .," there is not a word of truth in it at all—this paper is not Stanley's writing, nor is it mine.

MR. CHAMBERS . Q. Now Miss Constable, I ask you distinctly, whether you ever settled an account with Mr. Newhall? A. I did not—no ac connt of any kind was ever prepared by him in my presence, more than some memorandum which he made, which I understood was two sums of 400 l . each, and nothing more that I was aware of—I have no doubt this ( the letter marked C) is my father's handwriting, and this also (D)—these letters have been picked out from hundreds of others, which have been stolen from our private papers, at the house at Lewisham—boxes, trunks, and drawers full—these letters are some of them.

COURT . Q. In saying, that the letter marked "D" is genuine, do you speak from the signature alone, or from the body of the letter? A. I have looked at them both, one is a letter written to Mr. Stanley in Wales.—( One letter was dated 1838, the other 1839.)

MR. BODKIN . Q. When your father and you first became acquainted with Stanley, he was a merchant of opulence in London? A. He was—in the year 1837, he occasionally called at our house at Kennington, but he did not become an inmate of our house till we went to Lewisham which was about June, 1838—he came to us with the intention of paying 2 l . a week for his board—that was his own proposal—he was very delicate about it—he said he would not come on any other terms—he never paid a farthing from the time he came, till he quitted—he wanted assistance constantly—he seemed to be straitened in his circumstances at that time, but he showed us a document, which would entitle him in a short time to 80,000 l .—it was a skin, which had much the apperance of one of these deeds—we never got any produce from that security.

Q. Were you aware of the existence of any such deed as this charged to be forged, when you had the conversation with the prisoner, in which he proposed that you should be allowed 30 l . a year, and that that was to form the foundation of some other deed to be prepared and executed? A. Certainly not—the conversation at which Newhall was present, was at the time it was agreed that the consideration should be first 1,000 l ., then 800 l ., and then two sums of 400 l . each, but I did not agree to any of them—it was their own sug gestion—this account was not shown to me then—no paper was shown to me at all—there were no papers on either side—this is the first time I have ever seen such an account—I was certainly not aware of the existence of this forged deed when I executed this other deed—the prisoner made the items for the deed that I did execute—there were two small estates, one at Caermarthen and one at Huntingdon, and he remarked to me, "Here are two small pro perties, what will you do with them?" "Why," I said, "they are totally unencumbered, Mr. Black well?"—he said, "Well, so they are, but would you have any objection to my including them, and then I can act as your agent? I will collect the rents for you, and you will never have any trouble," and they were included—the 30 l . was to be founded on that part of the property which was under mortgage, independent of the Huntingdon and Caermarthen property—it was when I went to sign the deed, that I asked a

question about Phoebe Blackwell, and Mr. Boys told me she was a lame person residing in Derbyshire—I have since seen her, and she is not at all a person answering that description, she is a tall hale woman—the furniture at the house at Lewisham was worth about 600 l ., but then the wine and plate, and other property was locked up, and not included—the house had been let furnished, at five guineas a week—I do not know what has become of the plate—I have never seen any of the furniture, except what I have been indicted about, and which I got, but that is so dreadfully mutilated, and in such an imperfect state, that I sold it to a broker for 3 l .—I was indicted for getting that by a forcible entry—there was no great quantity of plate left in the house—a little service, and nothing more—my father had a great objection to having much—it was worth, I should think, 30 l .—we had eighteen dozen of foreign wine there, and forty gallons of home made wine—I have not got any of that back—I understand they were very highly dissipated, and drank very ex travagantly—the prisoner promised that when I was settled, and was willing to receive the furniture, he would give it all up—that was shortly before I signed this deed—after I had signed the deed, I made a great many applica tions for the furniture, but never got anything—this paper is my handwriting—it is the retainer, Which I gave Mr. Boys—it bears date 20th of Dec., 1841, but I did not sign it till March.

Q. Then in March you had a paper given yon, dated back to December, which you signed? A. Yes, I did not send the retainer by post; I took it to Mr. Boys.

MR. BIRCH re-examined. Q. Upon whose application did you part with the deed said to be forged? A. The application was in writing in the first instance—this is it—it is signed by the prisoner.

THOMAS HILL re-examined. This signature, "F. C. B. Blackwell," is the prisoner's writing.

MR. BIRCH re-examined. This is dated, "Southampton-street, Camberwell, 27th of Oct. 1841," and is addressed "Messrs. Sutcliffe and Birch"—it is—( reads )—"Gentlemen, As devisees and executors of the will of the late Mr. Joseph Stanley, deceased, we request and hereby authorise you to deliver the papers and documents which have belonged to him and his estate, particularly the deeds relating to the Lewisham estate, to Messrs. Hale, Boys, and Austen, on their receipt; and we will thank you to furnish them or us with the particulars of the demand you have against the late Mr. Stanley's estate."—This is signed by the prisoner and Phoebe Blackwell—that ultimately led to giving up the forged deed; but something else passed between the letter and the giving up of the deed—on the receipt of this letter, I think, we sent the prisoner Stanley's bill, and then we gave up all the papers belonging to Stanley, but we did not give up the deed in question, as we had not re ceived the bill against Mr. Constable—Hale, Boys, and Austen then took out a summons, which I hold in my hand—they were then acting for the prisoner—it is a summons before a judge, to show cause why we did not give up the deed—the judge discharged the summons with costs—he said we had a clear lien on the deed for the debt against Constable, on the assumption that Constable having ordered the deed to be prepared would have had to pay the expense of it—Hale, Boys, and Austen ultimately paid the amount, and the deed was given up—I think I was in the way when the forged deed was taken away—I was not in the room when it was given up—I was in my own room—I did not see the parties who came to claim it—I gave Coward, my clerk, instructions to give up the deed—I authorized him to part with it, in consequence of the communication which he made to me—I gave it him for that purpose—I knew from Coward that the prisoner

was then in the outer office—I had not actual knowledge of it—after Mr. Freeman quitted Mount Pleasant, the prisoner, his family, and Stanley, were in possession of it—I do not think Stanley died there—I went to see him there when he was very ill—the prisoner and hit family did not live there after Stanley's death.

( The instrument charged to be forged, was without stamp or date. It pur ported to be an indenture of release and conveyance of certain hereditaments and premises from Richard Constable and Elizabeth Constable to Joseph Stan ley, on trust, to pay to Aldridge, the mortgagee , 2000 l .: also certain legal ex penses to Messrs. Parker, and Messrs. Sutcliffe and Birch; and to the said Joseph Stanley, a debt of ( leaving a blank for the amount ) with interest there-on; the residue of the proceeds, if any, to be divided between the said Richard Constable and Elizabeth Hollis Constable. )

Evidence for the Defence.

The Letters marked A, and B, put in by MR. CHAMBERS , were here read :—(A) "London, 3rd of Aug. 1840.—Gentlemen, I have looked over M Stanley's account, and find at different times money advanced by him to the amount of 822 l . 12 s ., therefore it will be necessary that a trus deed should, without delay, be drawn up to secure it, and also that my other creditors should be paid in full what is justly owing to them. I am, gen tlemen, your obedient servant, RICHARD CONSTABLE . To Messrs. Sutcliffe and Birch."

(B) "London, 18th of Feb. 1841. Gentlemen, I hereby authorize and direct you to supply the blanks in the trust-deed executed by my late father, Richard Constable, Esq., on the 31st of Dec. last, by inserting the sum of 822 l . 12 s . as the debt owing to Mr. Stanley, and the sum of—, as being due to yourselves. I remain, gentlemen, yours obediently, ELIZABETH HOLLIS CONSTABLE . P.S. There are several sums due to Mr. Stanley on an account, 53 l . 16 s . 8 d . paid to yourselves, and taxes due at Mount Pleasant for the same amount, 30 l . on my own account, and also servant's wages from Oct. 1840 to the present time." Annexed to this was the fol lowing:—"London, 24th of Dec. 1840.—Received of Mr. Stanley 51 l . 16 s . 8 d ., being a loan of 50 l . lent on account of Mr. Constable on the 24th of Aug. 1839, and now repaid with interest from that period, for Messrs. Sutcliffe and Birch, 50 l ., interest 16 s . 8 d . 51 l . 16 s . 8 d ."

THOMAS NEWHALL . I live in Wood-street, Cheapside. In the year 1841, I had some transacttons with the prisoner, the result of which was that he was indebted to me about 1,258 l . altogether—my trading account, I think was about 300 l .—I took a shop in Southampton-street, Camberwell, for a nephew of mine—the prisoner afterwards had that shop from me and my partner—I believe part of the sum I have mentioned was the consideration for obtaining that shop, and there was one or two dishonoured bills—I knew a person named Stanley—I Cannot exactly remember to a month or so when the prisoner took possession of the Camberwell shop, but I think it was about Aug.—I think in 1841.

Q. Did you on any occasion go down and see Miss Constable there? A. I did—I went over to see Blackwell respecting my accounts—I think, as near as I can remember, that must have been some time about Dec., 1841, but I have not made myself acquainted with the dates—it was Dec. or Jan.—I will not be positive which—I was introduced to Miss Constable on that occa sion—I was very anxious on account of my account being so very large, and I was introduced to Miss Constable respecting the amount of the property down at Lewisham—a conversation took place between myself, the prisoner,

and Miss Constable, on the subject of the property—it was stated either by Miss Constable or the prisoner, I cannot swear which, that the property at Lewisham had been disposed of to the amount of 4,500 l ., or guineas, to as certain the real value, and that the prisoner was in a position to pay my account—whichever stated that, the other heard it—I believe, as far as I can possibly state, Miss Constable was appealed to by the prisoner—Miss Constable stated to me that there was a certain deed conveying the property from Mr. Constable to Stanley; that she was perfectly aware that Mr. Stanley or her self, I will not be positive which, had given instructions to Mr. Birch to fill up a deed—I had been endeavouring to ascertain the value of the property, that I might take security from the prisoner.

Q. Did she say who were the parties to that deed? A. As far as my me mory serves me, I understood that she had witnessed a deed conveying this property, which ought to be filled up—that she was a party to the deed—I will not say a witness—that she had witnessed, or was a party to a deed which required to be filled up, I believe, for the amount of 800 l . and upwards (I had not at that time put an execution into the prisoner's house)—the prisoner or Miss Constable, when both were present, in the room, informed me that such a deed was in the hands of Mr. Birch, and I believe the prisoner said he had not the means to settle Mr. Birch's account—I went to the prisoner's house again, and saw Miss Constable, I believe about a week or ten days after; during that time I had advanced the prisoner the money to take the deeds out of Mr. Birch's hands—on the second occasion that I saw Miss Constable, I made a memorandum—this is it—( looking at the account produced )—it is my writing; I copied that from receipts which were placed before me, which I was informed Miss Constable was in possession of—Miss Constable and the prisoner together, informed me so—I believe the prisoner produced the receipts—he laid them before me, that they were from Miss Constable—that was not in Miss Con stable's presence—I copied them in another room—they were both present after I copied them, when I laid the copy of the receipts before them—I can not say in whose handwriting the part beginning, "I have carefully compared," is—I saw Miss Constable write the words "Elizabeth Hollis Constable" to this account—that was done after I had copied this from the receipts, and after she bad seen it—I believe she stated that the deed I have referred to was as a security for sums of money which Mr. Stanley had paid on behalf of her father, and that the receipts were for those sums—I left this account at South ampton-street on that occasion—I do not recollect having it in my possession after that evening—I have never seen it since, to the best of my recollection, till this day.

Cross-examined by MR. CLARKSON . Q. Have you got the particulars of the prisoner's account with you? A. I have not, but I think my memory will serve me—I was security to Messrs. Costers, of Aldermanbury, to the amount of 300 l . or 400 l ., for goods had by the prisoner—I did not put my name to a bill—I guaranteed the account, by giving a writing for any goods they might advance to the prisoner, to the amount of about 300 l . odd—I was only guarantee, I believe, for 300 l .—I was not guarantee for more than 300 l ., further than I believe, my word of honour—I am not certain whether I was guarantee for exactly 300 l .—their account was 400 l . which I paid them off in cash—I paid them in the year 1841, I believe—I cannot speak posi tively to the date—I paid part, I believe, in 1841, and part in 1842—I can not say how much I paid in 1841, unless I had my ledger here—I have not looked for the purpose of giving my evidence—I paid Costers in the whole, I believe, 490 l .—I considered I was bound in honour to pay that amount—I paid it by two or three acceptances—I have not got the bills with me—they

can be produced—I paid them through the hands of Sir John Lubbock—I was also security to Walters, of Wood-street, for 118 l . odd for goods the prisoner had in his trade, and Coster's was for goods had in his trade—I have not got an invoice of either of them—I cannot say that I never saw the in voice—I might have seen it at the prisoner's—I cannot swear whether I have or not—I also became guarantee to Sargentson, Weston, and Co., Scotch warehousemen, about the same period—it was in 1841, and I think about March—I cannot swear to dates, unless I saw my ledger, and saw the time—I paid them 94 l .—I was guarantee for about 100 l .—I believe it was in 1841 that I became guarantee to them—I am not positive, without re ferring to my books—the next sum I paid was 160 l . to Mr. Birch, if my re collection serves me, I advanced that on the prisoner's account, to get a deed out—I never got possession of that deed till it was handed to me by my solicitor, after a confirmation deed had been granted—I received it from my solicitor, I think about Jan. or Feb., 1842—Mr. Reynold's, of No. 10, Adelphi-street, Strand, is my solicitor.

Q. Pray have you ever been in any difficulties? A. Why, I certainly have been in difficulties—I have compounded with my creditors—the last time, I suppose, was about four months ago, about three months ago—I am not certain to the date—I was not a dealer in bills—my father-in-law was security—the whole of my debts was between 3000 l . and 4000 l .—I have only paid my trade creditors—the chief creditor was my father-in-law, for money which I received from him—he guaranteed the whole of the creditors 20 s . in the pound, with interest, which every creditor was paid in full—I think my trade debts might amount to 1100 l .—I will swear they amounted to 700 l .

Q. And that your father-in-law has paid 20 s . in the pound? A. Not on that account—not on the last trading account—I mean the first.

COURT . Q. You were asked what your debts were three months ago, you said, between 3000 l . and 4000 l . and that your trade creditors amounted to 1100 l . A. No—I wish to correct that.

MR. CLARKSON . Q. How much have you paid in the pound to your cre ditors, with whom you last compounded? A. About 5 s .—my father-in-law has secured it—I have not paid it—it is not due for about a fortnight or three weeks—he has given bills for it—he is a woollen-draper in Lawrence-lane—the whole of my debts then were between 3000 l . and 4000 l .—Messrs. Costers was not among my debtors—they were persons from whom I had goods in my line of trade—I was never insolvent before that to my knowledge, except when I compromised with my creditors, on account of advancing money on these deeds—that is nine or ten months ago—I advanced 1250 l .—I know Mr. Holding—I do not know that I owe him any thing—my father-in-law has Undertaken to pay the whole of my debts.

Q. On your oath have you not deposited among other deeds, belonging to the prisoner, Miss Constable or Mr. Constable, the deceased, this very forged deed, for a debt you owe him? A. I signed them over to my father in-law—I do not know whether he signed them over to Mr. Holding, or what he has done, but he left them there as a collateral security for money that he must have had from Mr. Holding no doubt—I believe 1000 l .

Q. What is the meaning of 300 l . on the trade account? we know some thing about it, therefore be a little cautious. A. The 300 l . was for goods supplied to the prisoner, for which I had taken acceptances from him, which were dishonoured—(I held a warrant of attorney on the prisoner taking the estate—Blackwell and Stanley were jointly security)—my name was to them—I was not sued on them—I have been sued, during the time I

was in the trouble I have spoken of, eight or nine months ago—I might have been sued four or five times, and I was sued about three or four months ago, for a small account of about 11 l ., which I do not suppose ever came into the warehouse at all—I believe those are the only times I have been sued—I cannot swear to once or twice—I could very safely swear that I have not been sued twenty times—I will not positively swear to it—I took a lease of the place at Camberwell—that lease is now disposed of to a gentleman—I do not know where it is—I suppose it is in his possession—I delivered it to a Mr. Greenfield, a draper, liv ing at Blackheath, I think, or Greenwich—he had it immediately after the prisoner gave up the premises to the trustees to whom he assigned his pro perty—I never had any other house in which the prisoner carried on busi ness—I had a house in Crawford-street—I cannot state what number it was—the prisoner had those premises for about two or three months—he carried on business there—I was obliged to pay his rent—I had those premises in my own controul about three or four months—I did not take them—I be came answerable for the rent to a person named Simpson—the prisoner did not take them—Mr. George Oxborough took them—he is a draper—he failed—I do not know What has become of Simpson—I know nothing of the house at Chatham—I did not know that the prisoner had a house there until he made an assignment to his creditors—I have been to the prisoner's house at Croydon—it was in the principal street—I never had anything to do with that.

Q. Were you in the habit of being referred to, for the prisoner's character? A. Yes, in the general way of business—I should say perhaps for a dozen or fifteen accounts—I think not more—I will not swear it—I cannot say whether they were all for Camberwell—I did not give references for Chatham or Croydon—I believe I have been applied to, I have no doubt—I have not given references for Camberwell, Croydon, Chatham, and Crawford-street—neither did I know that he had a business at Croydon or Chatham.

Q. Why, did you not say just now that you had been to his house at Croydon? A. I did, but immediately I found he had a house at Croydon I closed his account—I did not close my own account till a long time after that—it might be a few months after—I will swear it was two months—I can not positively swear to the time—I never carried on a retail shop—I was concerned in a retail shop—I had a nephew, for whom I took the house at Camberwell, in which the prisoner afterwards carried on business—my nephew did not fail—I disposed of the stock to the prisoner and his uncle—I and my partner did—M'Gooch was my partner—he retired from business with a fortune—I had been in partnership with him from about eight to ten months—he was a man of property—our agreement was to bring 4000 l . or 5,000 l . into the concern—I brought in no capital at that time—my capital was then employed in a business with Mr. Hill, who I had formerly been in partnership with, but I did not know that I had no capital at that time—I entered into partnership with Mr. M'Gooch, about March, 1841, I think—Mr. Hill was a wholesale Manchester warehouseman, and carried on busi ness at No. 29, Wood-street—he is now carrying on business in St. Martin's-lane—he has disposed of the business in Wood-street—I cannot say how—he has not been my partner for these two years—we separated because the concern did not answer—we did not fail—I do not know what you may term failing—I paid my debts.

Q. Did not Mr. Hill tell you he would have nothing more to do with you, and insist on leaving you? A. I do not think Mr. Hill made such a re mark—I cannot say that he said so—I am not aware that he ever made use

of any such language—I will not swear it—in the heat of passion, what may have taken place, I know not—he did not tell me that from my connexion with the prisoner and Stanley be would have nothing more to do with me—it was regarding private affairs between him and me, respecting my bringing more money into the establishment, and Mr. Hill likewise doing so—my father-in-law objected to advancing more money as long as I was in partner ship with Mr. Hill—I had brought 1500 l . into the concern—that was lost—I did not lend that to Stanley—I did not know Stanley at that time, and knew nothing about his affairs whatever—I knew he was the prisoner's uncle—he was dressed as a respectable tradesman, I should say, when I saw him at the counting-house in Wood-street.

Q. Pray what are you now? A. I am not doing anything now, and have not done anything for about four months—I have been a shopman—I have not been in a retail shop—I have not been a shopman for the last four years—I joined Mr. Hill in Sept., 1839, and I have not been a shopman since, and never in the employ of any person—I left off being a shopman on join ing Mr. Hill—I am now living at No. 13, Wood-street—the house is let to a Mr. Leith—it belongs to a Mr. Melville, a patent thread-manufacturer in Wood-street—I do not lodge there—I have the upper part of the house—the warehouses are let to Mr. Leith—I am a tenant until March—I am not there to take care of the house—I paid 150 l . a year rent—I have now let the house to Mr. Leith, from the 25th of Dec. last, but he occupied it six weeks or two months previously, on condition that I remained in the house until I met with a private residence—Mr. Leith paid no rent until the 25th of Dec.—I carried on business there as a Manchester warehouseman—I never assigned my stock to my father-in-law—I did not cart it away in the night—I dis posed of my stock to Messrs. Sewell and Cross—I sold the whole of it at certain prices, with a discount off—I did not-dispose of the whole by the lump, but by stating certain quantities of goods at cost price, which I dis posed of to them, with a discount off—I had had some of those goods for nearly eighteen months, I should say—the whole of the stock amounted to I should say 800 l .—perhaps 200 l . or 150 l . worth I might not have had more than a month—I will swear that I had not more than 150 l . worth a month before—I did not sell any of the stock to any one besides Sewell and Cross—I sold none in what is called the slaughter-house —I never sold my stock in that way—I swear that positively, not to anybody—I did not dispose of my stock the last time I compounded with my creditors—I had the manage ment of that stock—my father-in-law did not have it—I swear that—I went on with my regular trading, my father-in-law being security—I disposed of it in the general way of business, to various houses round London.

Q. On your solemn oath, were you not in partnership with the prisoner? A. Never, to my knowledge—I have asked my solicitor, and he distinctly tells me that the agreement then entered into, never was of any effect, and is not binding—I intended to go into partnership with him—I do not know whether it was before or after this debt which I got the deeds to cover—the agreement between the prisoner and myself, as regards the partnership, was this: I had been speaking to my father-in-law that I wanted money; Mr. M'Gooch did not bring the money which he agreed to do, into the establish ment, therefore, Mr. M'Gooch withdrew from it—the prisoner proposed to me that he would bring in 4000 l . to the establishment, and join me, providing I would produce the same—I agreed with the prisoner, on this condition, that if I paid Mr. M'Gooch out of the establishment, he would not enter into any agreement with him, unless he would have it binding to forfeit 1000 l . if he did not fulfil the engagement—I do not say that I have ever had 4000 l .

in my life—I have had money at my banker's—they have not been my cre ditors for a single shilling—they have trusted me and discounted for me to the amount of 4000 l . or 5000 l .—there were five bills taken as security for the stock, which my bankers discounted for me, which had the joint names of Stanley and Blackwell to them—Stanley became security to my solicitor, jointly with the prisoner, for the stock which I handed over to him, belong ing to my nephew—the prisoner and I entered into an agreement for the 4000 l . or 5000 l . a-piece, I think on the 1st of Nov., 1841—the prisoner was to produce 2000 l .—I will swear that I took these deeds as security after that—I will swear that I did not get these deeds for the purpose of afterwards handing them to my father-in-law—I did not owe my father-in-law any money at that time.

Q. How long had you the deeds in your possession? A. Me and my solicitor together, I believe, for about a fortnight or three weeks—then I went on to my banker's, Sir John Lubbock, and told them that I wanted a pro missory note discounted—they immediately discounted me a promissory note for 700 l ., and one for 300 l ., and I left the deeds, as a collateral security, with Sir John Lubbock—in about a month I paid the note back, for which they allowed me the interest off—I got that money in my trade—I was then carrying business at No. 13, Wood-street, as a wholesale dealer, not with Mr. Hill—it was twelve months, or more, after the dissolution with him—I have been a great many times to the house at Camberwell to inquire for the prisoner, always wanting to get money—he owed me a very large account at that time—I have seen the prisoner and his wife there on several occasions.

Q. On the occasion as to which you have been giving evidence, did you, the prisoner, and Miss Constable, go up stairs together? A. I went up stairs to Miss Constable and the prisoner—they were there—I never saw Miss Constable, to my knowledge, till I met her at the prisoner's—I am not cer tain whether that was the first time, or whether it was the night before—I saw her twice at the prisoner's.

Q. Did you on that occasion state to Miss Constable that you were glad you had found the means of trimming Birch, who was no lawyer? A. I do not know that I made use of such words as " trimming Birch," or any thing of the kind—I think I could safely swear I did not—I said that I had not confidence in Mr. Birch—I did not make use of the word "trimming" —I said it was my opinion that Mr. Birch was not a clever solicitor—I had no reason but my opinion for so stating—I have frequently heard gentlemen speak of one solicitor and another, and as my solicitor I certainly should not have confi dence in Mr. Birch; that was my only reason, and from his conduct towards the prisoner, in not giving him information about the deeds and things in his possession—I have no other reason that I know of—I did not say that Mr. Birch had made a mess of a deed which he had had prepared for the Thompson family—I will swear that—I never mentioned the Thompson family, neither did I know any thing of any transaction with the Thompson family—I believe at the second interview I had with Miss Constable, when I copied the receipts which were produced to me, I said that my solicitor would not take these deeds as security.

Q. What deeds do you mean? A. I mean the deed that is in blank, and Miss Constable said—(I cannot say whether she said she had written, or Mr. Stanley, but that) instructions had been given by them to fill up the blanks—Mr. Reynolds was my attorney then—he knew from Hale, Boys, and Austen, that the deed was in blank—I authorised him to get me security, or otherwise to enter the warrant of attorney, which I had on the property in Crawford-street, and Southampton-street—it was not upon that blank deed

that I advanced the money to the prisoner, hut on a confirmation deed, exe cuted by Miss Constable, Poebe Blackwell, and the prisoner, at Hale, Boys, and Austen's, which was handed over to my solicitor—I do not know that I said that Mr. Birch had made a mess of a deed, by not putting any consider ation in to it—I believe I can firmly swear, to the best of my belief, that I did not—I certainly should not like to go further than that—I did not, to my knowledge, say that I was glad Miss Constable bad fallen into the prisoner's hands, as he would be sure to improve the estates for her—I will swear I did not make use of those words—I might have stated in the course of conversa tion, that I was very glad Miss Constable and the prisoner had arranged their affairs—I knew nothing of their private matters—I did not at that time know that the prisoner was a pauper, and not worth a shilling—he had acceptances of mine out at that time, over due, and unpaid, in the way of trading, I should suppose to the amount of about 500 l . or 600 l .—I will swear it was not above 1000 l .—there were five bills of 78 l ., and three of those were re turned to my bankers dishonoured—in the way of trading, save and except those bills which were returned to me, which I had the security of the warrant of attorney for, I believe the amount was not more than 300 l .

Q. Will you swear there was not 1000 l . overdue, and unpaid at that time? A. I should say it was not exceeding 1000 l .—I cannot swear that, without you will allow me to see my ledger—there was Coster's account then not wholly paid.

Q. Did you, or the prisoner, say that you thought 800 l . would be a good sum to put in the deed? A. I am not positive—I cannot say whether I did or not—I do not remember proposing 1000 l ., and the prisoner saying, "No, put in 800 l ."—I only stated to the prisoner in passing, that I thought if all they said was as available as they represented it to be, as Miss Constable and the prisoner both stated, independent of the property which was at Hunting don, and in Wales, that I thought when I was making out these copies, 1100 l . was a sufficient sum for passing over the estate from one gentleman to another, and Miss Constable replied that they could prove still further receipts if I wished to copy them, but it being then near twelve o'clock at night, I felt uneasy at my wife waiting my return—I might have proposed to have 1000 l . put into the deed, but I cannot swear it—the prisoner might have said that he thought 800 l . would be better—I did not on that say that I thought two sums of 400 l . each would be better than 800 l .—I will swear that positively—I never suggested two sums of 400 l ., or any thing to that effect—I never proposed the division of the 800 l . into two sums—I never pro posed that the 800 l . should be divided—I will swear that to the best of my knowledge—I believe I did not—if I must swear one way or other I should distinctly say no—I can go no further—I am a man of property now—I do not see that I am bound to say to what amount, my creditors may be here after influenced by it—I have been insolvent—I have never been through the Insolvent Court—I have not been insolvent twice—my father-in-law became security, and I paid my creditors off myself—I asked them to give me time, after which I paid them interest.

Q. Repeat the conversation that passed with Miss Constable, you, and the prisoner, at the house at Camberwell, respecting the value of the property at Lewisham? A. Miss Constable gave me a statement then that the house had been disposed of, and was bought in again for, I believe, (as far as my me mory serves me, to the best of my knowledge,) 4,500 l ., and she then stated, to further prove the value of the house, that it had been let furnished at 200 l . a year, the house and grounds—I then inquired respecting how it came into possession of Mr. Stanley, and I was then informed that there was a rever sionary

deed of sixteen nephews and nieces, who bad an interest in this estate, which was the cause of its being disposed of, to ascertain the real value—that reversionary deed is now jointly with those in the hands of the bankers—to the best of my recollection I have stated all the conversation, or the greatest part of it—I do not at this moment recollect every word—the conversation was very similar at the second interview, with the exception of copying these receipts—the receipts were not produced by me to Miss Constable—I cannot say whether they were produced to her by the prisoner—he brought the re ceipts and the different things down from Miss Constable into the room, and left them in the room for me to copy, and I did copy out the receipts, and that is a true copy of them—I afterwards went up stairs to Miss Constable, and asked her if that was a true copy—the receipts were not produced by me in her presence—I cannot say whether I saw them produced by the prisoner.

COURT . Q. Then have you told the truth when you said that the prisoner brought down the receipts? A. I was in the lower room—the prisoner stepped down from the sitting-room, where he was in conversation with Miss Constable, and brought them—he produced the receipts to me in the kitchen, where I copied them—there were various receipts—I should say ten or fifteen or more than that.

MR. CLARKSON . Q. Take that account in your hand, and be cautious how you answer; it contains a list of items in your own handwriting? A. Yes—I see some writing at the bottom.

Q. What part of that writing will you on your oath swear you saw Miss Constable write? A. "Elizabeth Hollis Constable"—I will not swear to any thing else—I wrote the paper through—after I had written it I gave it, in the presence of the prisoner and Miss Constable—I cannot say to whom I gave it—I might have laid it on the table—they were both in the room—I do not know whether I handed it to the prisoner or Miss Constable, but I saw Miss Constable write this "Elizabeth Hollis Constable," in the room—I saw her write that—I put the paper down, or gave it to the prisoner or Miss Constable, I do not know which.

Q. How soon after did you see her name to it? A. I should say from twenty minutes to half an hour—I am not quite certain whether I was in the room all the while—I was in the room with Miss Constable I should say after this paper was signed—I was in the room until she signed it—I saw her write those words—I will not swear who wrote what is above it—I do not remember.

Q. Why you never left the room until she signed it; on your solemn oath, did not the same person that wrote this name write that which is over it? A. I cannot swear—I do not remember—I do not know why the prisoner did not put his name to it as a witness as well as me—I did not ask him—I was not acquainted with these things—I put my name because I was asked by the prisoner to do so—I am not certain whether Mrs. Blackwell or Miss Blackwell were there, or who was there—I know Miss Constable and the prisoner were present.

Q. But as you were a person to be benefited by the deed, why did not you ask them to witness it? A. I did not know I was to be benefited by the deed when that paper was signed—it was a transaction between the prisoner and Miss Constable—I cannot say what it was signed for—I was waiting there to get my account, for goods supplied to the prisoner in his trade.

COURT . Q. Did not the same person who wrote as you say, "Elizabeth Hollis Constable," write those several lines which are above it, beginning, "I have carefully compared?" A. I cannot swear that the same person wrote the other, not having noticed it—had I been aware that I was to come

as a witness I should have noticed it—I noticed her signature—I heard this read over in the room.

MR. CLARKSON . Q. By whom? A. I believe, to the best of my know ledge, I read it over myself as well as the parties there—I do not know who wrote it—I did not notice who was writing this—I afterwards heard these words repeated, after I had copied this statement from the receipts which were produced to me in the kitchen—I was not up stairs the whole of the time between this paper being taken away from the kitchen and handing it over to Miss Constable—I was not in the room the whole of the time between that period and her signing it—I was called into the room to witness her sig nature—I was then in the room, from the time she witnessed it till we left the house together to come home—I believe I was called into the room for the purpose of witnessing it—to the best of my belief I was—I am not certain who called me in, whether it was the prisoner, a servant, or who it was—I did not witness it immediately I went into the room—perhaps it might have been two or three minutes, or something of that kind after.

Q. Was it ready signed? A. I am not aware of that—when I came in, I saw Miss Constable take a pen, and write, "Elizabeth Hollis Constable"—I can swear positively that I saw Miss Constable take a pen from the ink-stand, and write, "Elizabeth Hollis Constable"—I was called in to witness it—I am not aware that I ever left the room from the time I was called in to wit ness it, till Miss Constable had signed it—I was not in the room when I copied this deed—I did not leave the room from the time I was called up from copying this deed in the kitchen, I mean this copy of the receipts—when I was called up stairs to witness that, I never left the room till Miss Constable bad signed it—I never saw Miss Constable write but once—I never saw Miss Blackwell write, to my knowledge.

Q. Just look at that name, "Elizabeth Hollis Constable," the word "Hollis" particularly, and tell me whether you cannot see a tracing of pencil, or something of that sort, upon which that signature is written? A. When I was called to witness this, Miss Constable, I believe, as far as my me mory now serves me, might be in the act of writing this name, and on her doing so, I immediately said, "I will not be witness to this unless I see you take the pen and write "Elizabeth Hollis Constable"—part of this might have been written by her, but I would not witness it unless I saw her take a pen from the inkstand and write it over again, not again, I did not wish to say—as far as my memory serves me, she might have written part, but I dis tinctly swear I saw her take a pen and write "Elizabeth Hollis Constable"—I have come here to speak the truth.

Q. Look at the word "Hollis," do not you see the tracing of a pen or pencil in that word, upon which it has been written over again? A. I cer tainly do see some little signing, or something or other—I do not know what it is, but I distinctly swear I saw Miss Constable take a pen and sign her name—I see something, as if it might have been slurred over, or something of that sort—I do not see any thing slurred over in the word "Elizabeth"—there is a little soil, a little grease, or something of that sort on it—I do not know whether to call it tracing, or what—there appears to be a little soiling on it.

Q. Do not you see there is a distinct mark of something hard upon which the word "Hollis" has been again written? A. There is something—I cannot dis tinctly state what it is, or any thing of the kind—to the best of my belief, I told Miss Constable that I would not witness the signature unless I saw her write all the words "Elizabeth Hollis Constable"—I will swear I said I would not be a witness till I saw her write her name with a pen—I do not know

why I should say such a thing, but I have some recollection of stating words to that effect.

COURT . Q. Do you mean, on your oath, to swear that when you put your name to that paper, the signature, "Elizabeth Hollis Constable," was on it? A. Elizabeth Hollis Constable's name, signed, "Elizabeth Hollis Con stable," was on that paper when I put my name as a witness—the words be ginning, "I have carefully compared," were certainly on that paper when I put my name to it—I believe that I read them over—I will swear when she signed it they were there—I believe I can swear positively they were there that day—to the best of my belief, I will swear that those words were on the paper when I put my name to it—I recollect the words distinctly being an nounced to Miss Constable that night, upon which she stated, that if I re quired it, she could produce further receipts from her father's cash-book.

Q. What did you want further receipts for? A. To fill up the deed—this was after the deed had been taken out of Mr. Birch's hands, and was in blank, but which Miss Constable stated ought to be filled up, for 800 l . odd she thought was the sum which her father was indebted to Joseph Stanley—I am not certain whether Mrs. Blackwell was present when this was read over—I will not swear that she did not read it over—I will not swear that she did not write this in my presence—she might have written it, but I did not notice it.

Q. Will you swear that Mrs. Blackwell did not write the whole of that "Eli zabeth Hollis Constable," and all? A. If she did I did not see it—I believe that part of the name, when I was called to witness it, either "Elizabeth," or something, was written—I then distinctly said, "I will not put my name to that till I see Miss Constable take a pen, and write 'Elizabeth Hollis Con stable."

Q. When did this deed, the genuineness of which is now questioned, first come into your possession? A. After the confirmation deed had been exe cuted, I think, about January or February, 1842, as near as I can remember—my solicitor placed it in my possession—I rather think it was sent down by the clerk to me, at No. 13, Wood-street—I believe that was the way—it was left at the warehouse for me—the first time I ever saw the deed was in the handing it over by Sutcliffe and Birch's clerk to a clerk of Hale, Boys, and Austen—I believe the prisoner was present then—I got possession of it from two to three months after that—the prisoner wished to borrow some money to pay off Sutcliffe and Birch—I said, "I will not advance you more money without you will give me security of some kind."

Q. Never mind that, but tell us what the arrangement was by which you got that deed? A. That Miss Phoebe Blackwell and the prisoner should allow me to hold the deeds, as a collateral security for money which I had advanced to pay off the lien—both Phoebe Blackwell and the prisoner said that—the prisoner said that he would allow me to hold the deeds belonging to his estate, as a collateral security for the money I had advanced—I entered up a warrant of attorney on the premises in Crawford-street—the agreement was, that I was to pay Sutcliffe and Birch's bill, and to hold this deed as a collateral security for my debt—I paid Sutcliffe and Birch's bill, I think, to the best of my recollection on the 1st or 2nd of Dec., 1841, late that evening—the deeds were handed to Hale, Boys and Austen's clerk, by their clerk—I had possession of these deeds, to the best of my recollection, in Feb., 1842—they were banded to me by my solicitor.

Q. Had you intermediately any communication with the prisoner before you got the deeds? A. On the morning after he had passed them into Messrs. Birch's hands, I asked him to hand me those deeds, as a collateral

security—he made a little demur in handing them over to me—he did not hand them over to me—I never saw him write to the effect that they should be handed over to me, but he did solemnly promise that I should have and hold them, as a collateral security—this was in Dec., and I got them, to the best of my knowledge, about Feb.

MR. BOYS . I am one of the firm of Hale, Boys, and Austen, solici tors, in Ely-place. In the autumn of 1841, we were employed by Mr. and Miss Blackwell, as their solicitors—we were to get some papers out of the possession of Sutcliffe and Birch—we afterwards got those papers out of their hands—their bill was paid before the papers were delivered—I saw Miss Constable after that—she subsequently executed this deed in my presence—( looking at the confirmation deed )—I am not the attesting witness to it, Mr. Martin is the attesting witness—I see Miss Constable's signature—I saw her three times on the subject pre viously—the prisoner was with her on those occasions—at the time I first saw her on the subject of preparing this deed, I had seen the other deed, where there are blanks—that deed was adverted to on the first occasion—I am not sure it was produced, but either the deed or a copy was there—the title was the sub ject of discussion, and this blank deed, and the effect of it, was one point under consideration—I have an original memorandum of my own—this was on the 10th of Dec., 1841—the opinion of a conveyancer had been taken previous to that, and here is the case—when I saw Miss Constable, the question that we were considering with Mr. Black well and Miss Constable was the perfecting the title of this estate, in consequence of the deed in blank having been obtained from Sutcliffe and Birch—the case, which had been laid before the convey ancer, was before me, and under discussion and consideration, and I have here the minutes which I made, when the prisoner and Miss Constable were present—this was on the first occasion—the prisoner brought the case that I had before taken the opinion of counsel on—I had given it to him, if I recollect right, the day before—I explained to Miss Constable the effect of the title—I cannot state the exact words I said—I called her attention to it—two other deeds had been prepared by Sutcliffe and Birch—they were settlements, apparently on her part, of this property, and the effect of these I explained to her as well as this, and she expressed regret that the title was in that state by means of the blank deed—she fully understood that a deed was necessary—I explained to her the parties who were interested under the trust, sup posing the blanks for the sums had been filled in—Stanley's name was men tioned to her, as being a party interested—I mentioned it to her—the first part of the minute that I made here is the amount of the debts due, which were to be the consideration for the deed to be prepared—I explained to her that there were certain blanks in the deed, for debts to be entered to certain parties, and I explained to her the effect of the trusts, and that Stanley was the trustee—Stanley was then dead, but was represented by the prisoner, who claimed the interest which he had under his will—we were not her solicitors, but the Blackwells'—that was the first time I had seen her, but she was so satisfied with Blackwell, that she instructed us afterwards, at a subsequent interview, to prepare this confirmation deed—we were engaged for both parties, and had the drafts for counsel.

Q. Look at that account, did you ever see that whilst the deed was pre paring? A. From a pencil memorandum at the back, and from recollection, this was in the office at the time the deed was prepared—I cannot say that this account was produced at either of the three interviews with Miss Con stable and the prisoner—I am not sure that it was—there is a pencil memo randum of mine, "Received, Dec, 4th, 1841"—that shows it must have been in receipt by me on Dec. 4th—this is my own writing—I think I received

it from the prisoner—I cannot say whether it was produced in the presence of Miss Constable—the figures were acted upon as the basis of the draft, for inserting the sum in this conveyance—at the first interview, I adverted to the deed in blank—I have a minute that advances were made to Mr. Constable—I cannot say who said it—both assented to it—I made a minute of what passed on the first interview—in Miss Constable's presence, it was stated, that Stanley's executors had a claim of 1,100 l ., and I took down, in the presence of Mr. Blackwell and Miss Constable 1,100 l ., as due to Stanley's executors—Miss Constable did not deny that that was the fact, she assented to it—I made this memorandum at the time, of what took place at that interview—I took the whole of these minutes from both of them—the exact sum which it was agreed should be inserted as the sum due from the prisoner's estate, was afterwards fixed on and afterwards inserted, according to that account, when the deed was drawn out—but in her presence 1,100 l . was what was agreed to—I also understood from her or Blackwell (she assented to it) that advances were made to Mr. Constable, and also to her, after his death, before the deed in blank was executed, and after also, by Stanley—the prisoner and Miss Constable were both present at this time—Miss Constable did not deny it at all.

COURT . Q. Do you mean that it was both before and after the deed in blank was executed, advances were made to Mr. Constable? A. No, to Mr. Constable, and to Miss Constable after his death—that the claim of Stanley's executors consisted of advances made both in Mr. Constable's life-time and after his death—I was so told at the time—the last item in this account is Oct. 30, 1838—that was supposed to be after Mr. Constable's death in 1840.

MR. CHAMBERS . Q. At the second interview, had this deed of the 14th of Dec. 1841, been prepared? A. No—at the first interview Miss Constable expressed a wish to convey the surplus of this property to Mr. Blackwell alone, and it stood over for me to see Miss Blackwell, which I did—they were both interested under the will of Mr. Stanley, as executors and devisees—I saw Miss Blackwell in the mean time; and, at the second interview, re ference was made to her being a party to the deed—I have got the memoran dum of what took place at the second interview, with Miss Constable and the prisoner—we further discussed the matter, and I took instructions to prepare the deed—according to Mr. Kemp's, my conveyancer's opinion, in the best way—allusion was made to the sum which ought to have been inserted in the deed in blank, because the interests of some of the parties whose names were in the deed in blank, without sums, had to be attended to in the new deed—1109 l . was the sum mentioned to be inserted in the deed as the sum due to Stanley's executors—( referring to the draft )—that was to be taken as the sum due to his executors, and was to include the sum which ought to have been in the blank deed.

COURT . Q. How could that possibly be, when Stanley did not die till six months after Mr. Constable? A. As I was instructed, there was a sum due to Stanley—I was instructed that there was a debt, part paid in Mr. Consta ble's life-time, to him, and part to Miss Constable, after his death—it was only part of the sum that ought to have been in the blank deed.

MR. CHAMBERS . Q. Then, having received these instructions with regard to the preparation of this deed, did Miss Constable and the prisoner attend at the time it was executed? A. They did—that was not on the third occasion—I saw them once before—I saw them on the 13th the third time—the first interview was on the 10th of Dec., the second on the 11th, the third on the 13th, and on the 14th I saw them again—on the 13th I explained again to them the nature of the intended deed.

COURT . Q. What are the provisions of the deed? Do they follow the blank deed, and only alter as to the sums? A. It purports to be a convey ance by Miss Constable to the prisoner and Miss Black well, in consideration of 4000 l . and 8 s ., composed of a mortgage debt of 2350 l ., 1109 l . 7 s ., the debt due to Stanley's executors, 161 l . 1 s ., the amount paid to Sutcliffe and Birch, and 380 l . for the amount of our debt and interest, altogether making 4000 l . and 8 s .—there is no provision of any annuity or any surplus for her—she ex pressed her readiness to give the prisoner up any surplus there was, and there is a covenant by the prisoner and his sister to indemnify her for mortgage debts, taking them to themselves—there is mention of the estate in Wales—it is a very small estate indeed—Miss Constable and the prisoner both said it was a very small cottage—there is also some property in Huntingdon that is not valuable, worth 300 l . or 400 l ., I believe, not more.

MR. CHAMBERS . Q. She attended, on the fourth occasion, for the purpose of executing this deed? A. Yes, and I believe she then executed it, though I am not the attesting witness.

COURT . Q. Before she executed the deed, did you explain it to her? A. I explained it to her fully—I did not read it in full, but I explained it to her, and she understood it—the consideration was supposed to be exactly 4000 l . of this deed; and when I came to add up these executed deeds, it came to more; therefore it became necessary to have the stamp altered, and she went into the calculation with me—I checked it with her, and the prisoner—I made her quite understand, that the prisoner was not to be her trustee—that she was to have no expectation—that she was to discharge her father's supposed debts and have nothing—she never gave me to understand that there were any debts of her father's beyond this mortgage debt, and those debts mentioned here—all the property was to go in liquidation of those debts—she was to be free of the debts.

Q. And also free of any inheritance,—to be abroad in the world without a shilling? A. Yes; but she always stated the property to me, and the prisoner too, as worth very little more than the mortgage debt—I did not take any pains to sift into the reality of any debt to the Stanleys—I did not know whe ther he was a man capable of lending 1 s .—I heard nothing of him—I have got a minute the first time I saw Miss Constable and the prisoner, that he (Stanley) was a friend of Mr. Constable, and acted for him—I only knew what they told me, that Mr. Stanley was a friend of Mr. Constable, and that he was an elderly gentleman—I understood that—I knew nothing except what Miss Constable and the prisoner told me.

Q. Did you not think, for the protection of a lady, ignorant of law affairs, that it was your duty to satisfy yourself that this consideration existed? A. I did, in the fullest way possible—I explained every thing to her, and I think Miss Constable knew very well what she was about, from the four or five interviews I had with her, and if she misled me I cannot help it—I acted for her afterwards in several things.

Cross-examined by MR. CLARKSON . Q. Am I to understand that you knew nothing of the circumstances of Stanley? A. Not in that extended sense—I heard of Stanley when I first came to Ely-place, and I had seen him up to 1836 and 1837, but since then I had lost sight of him altogether—I never was acquainted with him—I have seen him at Ely-place—I believe my predecessors acted for the prisoner's father and brother, in a heavy Chancery suit, and during the progress of those matters, Stanley came to the office on the part of the prisoner's father, who was a client of the house—I never in my life called at Stanley's lodging, that I recollect—I never heard of such a name as Mrs. Jenkinson, or of such a place as Swinton-street,

Gray's-inn-road—I never was there that I recollect—I never called there on Stanley, that I recollect—I will swear I never did—I never recollect calling on Stanley in my life—I never called and paid him 24 s . or 36 s . for him, nor ever paid his rent for him—I never called on Stanley, or paid him anything—I never knew Stanley—I never paid 24 s . or any other sum for his rent, at any house in Swinton-street, Gray's-inn-road—you take me so by surprise—these are questions which I had no idea of ever being asked, because I never called on Stanley, or knew anything at all of his fate—when I saw him last at Ely-place in 1836 or 1837, I did not know his circumstances, but I should say he was not a rich man—I did not know that he was in destitution and poverty—I did not expect from his appearance that he was rich—I can form an opinion of any body as to their apparent wealth and station in life—I am quite prepared to swear that I have never been to any lodging of Stanley's, or to any house where he lodged—I am quite at a loss to recollect what you can allude to—I think you must be under some mistake—I am quite prepared to swear it, and I do swear it to the best of my recollection—I never knew where Stanley was lodging, to my recollection, because I never heard of him except in some way connected with the Blackwells, the prisoner's father and brother—Stanley never came to my office in Ely-place, and sold me cigars or tea—I have never seen him there with cigars and tea to my recollection—he may have had some parcels with him, but I do not know that he was there with tea—if he came, he came on the business of the prisoner's father and brother, connected with the Chancery suits—I have looked to see whether I have any memorandum of his coming to our office, and that enables me to answer you the more clearly as to the years 1836 and 1837—I saw him in 1836 I think, or 1837, about some dispute he had with a Mr. Parker, and I learnt from him then that he was in the tea trade—he did not on that oc casion produce cigars for sale—he never did such a thing, nor tea either—he told me himself, in Ely-place, that he was in the tea trade; he did not tell me where he was carrying it on, and I did not ask him—it was not my business—I never knew that he was in the habit of hawking tea about the streets—I never heard of it—the prisoner introduced Miss Constable to me.

Q. Did you know that she was coming? A. I am not sure whether the prisoner did not say he would take the case to her, and show her the opinion—I did not know for certain that she was coming—there was no appointment that I can recollect—I think when I gave him the opinion, it was to show to her—I do not know that he told me he would bring her to me—I will not swear he did not—it is very probable that he would bring her—I expected that he would—I have said as much, but there was no appointment made—I have been in partnership since 1834 or 1835—I never had such a deed as this put into my hands before—there were other deeds with it, and I never saw such a complicated title before; and so thought my senior partner, Mr. Hale, with whom I consulted—it was not left to myself alone.

Q. Have the kindness to tell me whether, when you saw that deed in blank as you found it, you entertained no suspicion of it? A. I thought it a curious deed, but not further than that—it is an extraordinary state for a deed to be in—I do not know that I entertained any suspicion of it, beyond what I have stated—I will swear I did not beyond what I have stated—from the appearance, I necessarily looked on it as an imperfect document, and a very curious document altogether—I did not look on it as a suspicious document, not with a view of supposing that, for instance, it had been forged or obtained improperly, or any thing of that sort.

Q. You thought that an attorney in his senses, would allow any man in his senses to execute a deed charging his estate with several debts, without setting

out what they were? A. We got the deed from Messrs. Sutcliffe and Birch, and we gave a certain credit to it from obtaining it from them—I do not know whether I should have suspected it, if it had not been obtained from them—it would depend upon how it came to us.

Q. Supposing it had been brought by the prisoner, the attesting witness? A. I do not know what I should have done in that case—it would depend on all the circumstances of the case, because affidavits had been made about these deeds by Mr. Birch as alluded to in his bill of costs—I took a retainer from Miss Constable—I did not require her to antedate that retainer.

Q. On your solemn oath did you not send her a retainer, and require her to antedate it, or antedate it yourself? A. Not that 1 recollect—I do not recollect doing it—I have no recollection of requiring her to antedate a re tainer for three or four months—to the best of my recollection I did not—I sent it by the post, if I recollect right—I will swear I did not require her to antedate it—( looking at the retainer )—this is dated, Dec. 20th—I will swear that that was not signed in March, 1842—this was sent by the post at the time of the date—here is the envelope, and here is my memorandum at the back, of the same date—I will swear that this was not signed by Miss Constable in March—I will swear it came to me at this time, and that I had it in my possession ever since Dec. the 20th I think—I do not know that I sent it to her—I believe it to be written by Miss Constable—it came by post—I will swear that—I believe this envelope belongs to this letter—I will swear it—to the best of my recollection Miss Constable took a form of a retainer, and she said she would write it, and she sent it by the post—she took the form from me—I think she was going out of the country, or going away—it was necessary to prove her father's will, and I suggested she should leave an authority for us to act.

Q. Why could she not write it at your office? A. I think it was her own request to do it—I swear from recollection that that was the transaction—I could refer to bills of course, but this is a retainer that came by post at this time upon which we acted, and proved the will—I did not say she copied the retainer—I gave her a form which she took away—it was her wish to do it—I do not know why.

Q. Pray do you know Miss Phoebe Blackwell? A. I think I had never seen her to the best of my recollection, before about the autumn when we were acting for her and her brother as Stanley's executors—I never re presented her to Miss Constable to be lame, and living in Derbyshire—I will swear that most positively, nor any thing to that effect—I never described her to Miss Constable in my life, because Miss Constable was there with her some times, very often at Ely-place—I will swear that on my introducing the deed to be signed by Miss Constable, she did not say, "Mr. Boys, stop here, what has Miss Black well's name to do with me? I do not know her"—as I stated before, Miss Constable in the first instance wished to convey the sur plus of this property to the prisoner alone—she wished not to have the pro perty conveyed to Miss Black well—she at first objected to Miss Black well's name being in the deed—I did not tell her that she was so mixed up with Stanley that it could not be prepared in, any other way—I told her that she was mixed up in this way, that they were joint executor and executrix under the will—that they were jointly interested under the will, and that it would be improper to make a conveyance to the prisoner alone—the instructions to counsel to prepare the draft goes on that principle, and I always kept her interest, and the prisoner's in view, for that very reason.

Q. Did you not think it a very unprofessional act to take upon yourself to act for a grantee and a grantor, the grantor being a woman unprotected?

A. Not if she perfectly understood what she was about, and if I had the as sistance of counsel also—counsel prepared the draft for all parties—I had my instructions—I took on myself to act for all parties with Miss Con stable's sanction—I do not consider that an unprofessional act, with the as sistance that I had.

Q. How would the assistance of counsel which had for its object the pre paration of that deed, interfere with the question, whether you should act for a party giving, and a party taking? A. Because counsel were instructed to prepare a deed for all parties, which is very frequently the case in the pro fession.

Q. Did you ever say to Miss Constable, "You appear to be a stranger, have you no friend but this Blackwell; had you not better consult somebody on your own behalf?" A. If I did not not say those very words, I did to the effect—I can go no further than my memorandum and my recollection—I asked her if she wished us to act for her, and she said, "Yes"—I am not sure whether I asked her if she wished anybody else to act for her—I cannot say—we did act for her afterwards—I made myself a trustee in the deed—I did not receive any money on its execution—I obtained money on it after wards, the costs of it—that was not 150 l .—I think the costs relating to the deed itself were about 60 l . or 80 l .—I forget the amount—there were some other costs—that money was paid on the completion of the security, from the prisoner to Newhall—I do not know who paid it—my clerk settled it—what hand actually paid the money, I do not know—the agreement was a security from the prisoner and his sister to Newhall, and on our handing over the deeds, we were paid our bill of costs.

COURT . Q. By whose direction did you hand over the deeds to Newhall? A. As the solicitors of the prisoner and his sister—I have no written direc tions—it was a general direction when we were instructed to settle the agree ment—there was an agreement to deposit, to which Mr. and Miss Blackwell were parties, and Newhall—I have not got it—I placed this deed in New hall's hands when the agreement to deposit was executed.

MR. CLARKSON . Q. As between Blackwell and Newhall, you were not concerned for both those, I suppose? A. No, we were concerned for Blackwell and his sister—the agreement was the authority for handing over this deed to Newhall.

Q. On your oath, had you not verbal instructions from the prisoner to hand over the deeds to Newhall, and among them this deed in blank? A. Not from the prisoner alone, but from the prisoner and his sister, on the terms mentioned in that memorandum, which are very particular as to Miss Blackwell, because her interest is different, but still kept in view—Mr. New hall's solicitor prepared an agreement to deposit, as an equitable security on this property—we were instructed by the prisoner and his sister to deliver over the deeds to Newhall with the agreement, and not without it—we were not justified or authorised in parting with these deeds except with the agree ment, when the matter was closed—we were then justified in parting with them, by our instructions as solicitors to the prisoner and his sister—we had directions not to dispose of the deeds without the agreement—we were di rected to deposit the agreement and deeds also.

Q. Look at that recital of the deed in blank, and you will see that it there states the deed was executed on the 30th of Dec., although it is not dated, it says "whereas, by an indenture of release bearing no date, but executed on or about the 30th of Dec.," by what instructions did you insert that recital? A. In consequence of a statement in the case—I see it is stated in the case that it was executed on the 31st of Dec.—then I have got a note, "We have, since

this case was drawn, been informed that the deed was executed on the morn ing of the 30th"—I do not recollect who told me so—I might have got this information from Mr. Hale, or the prisoner might have told me—this note is my own handwriting—I think I made it the day when the prisoner brought back this case, and when he and Miss Constable were together—I cannot say which of the two gave me the information that induced me to make the note—it was when they were present together, to the best of my recollection.

COURT . Q. Do you mean that you suppose it, or that you really have a recollection that the prisoner and Miss Constable were together when you made that memorandum? A. I do—I can throw back my mind to the fact, from the circumstance of the case being brought, and our going through the case.

MR. CLARKSON . Q. When do you say you made that note? A. I think on the 11th—the first day that the prisoner and Miss Constable were with me—that was after the case had come back from counsel—it is very fre quently the custom to make notes when we find the fact is not correctly stated—I positively swear it was not there before the case was laid before counsel—I made it because it was an altered state of facts, because it was so very near the time of Mr. Constable's death—that was the subject talked of when Miss Constable was with me for the first time.

COURT . Q. What was talked of? A. The deed having been executed so shortly before Mr. Constable's death.

MR. CLARKSON . Q. Will you swear you were not told to make that al teration by the prisoner? A. No, I will not swear it, because they were both together—I cannot carry my recollection so nice as that—I recollect that it was spoken of as a deed, executed very shortly before Mr. Constable's death.

COURT . Q. In what way was that noticed; as a strange thing, out of the ordinary course, or what? A. Only in ascertaining the date, there is no date to the deed, and I had to describe the deed in some way or other in the draft, and it was the only way of arriving at it—I only took it from what I was told by the parties—the date of this new deed is the 14th of Dec., 1841—this retainer was given a week after, as she was going away.

MR. CLARKSON . Q. When was the probate taken out? A. Not for some time; I forget when—there was a sum of money at Somerset House, which she obtained under that probate, and which we got for her—that was not contained in the deed—the will was not proved for some time, because there were proceedings going on in the Court of Chancery, and she did not want to be made a party to them—she came back after some time, saying she wanted this money from Somerset House; the probate was then taken out; we received the money, and paid it to her—about April she came again with a Mr. Petch, and she complained against the Blackwells, and talked about proceeding against them—she asked me to take proceedings against them, not at first, but afterwards; I refused; I told her we were not concerned for either party in dispute; I told her it was a civil remedy—I might have told her that her remedy was an action for trover —she complained that they had taken away all her goods and furniture—I think I did not hear that this was a forged deed until about that time, about the summer, when Mr. Petch and other parties came with her to our office—I never learnt it from my partner, Mr. Hale.

Q. Did you not learn from Mr. Hale that Dr. Lever had been with him, called his attention to it, and warned him against it? A. No, not that it was forged; I have some recollection of something being said about the deed being executed very shortly before Mr. Constable's death, that something

was not right about it; but as to hearing about its being forged I did not hear that till quite lately—I did not hear it till this new deed was executed.

COURT . Q. Surely you did, for you have just said that you made a memorandum on the draft, because you had been informed that it was on the morning of the 30th it was executed, the day before Mr. Constable died? A. Yes; but they are asking me whether I heard it was a for gery before then—Mr. Hale had not said anything to me about its being irregular—he had not said anything about it before the new deed was executed.

MR. CLARKSON . Q. And you had no notice, through Mr. Hale, or any body else, that the deed was a forgery? be cautious what you swear. A. No, not that I recollect, not till about the time I told you; I do not recollect that it came to my knowledge before the confirmation deed was executed.

COURT . Q. This is a very important fact; nobody could mistake whether when they were about to get a woman to execute a fresh deed, they had notice that the former was a forged one? A. No, I had not at the time this was drawn.

MR. CLARKSON . Q. Do you mean to pledge your oath to that? A. Yes, positively—I did not know by information from Mr. Hale that there was anything wrong about the deed till after the deed of confirmation was exe cuted—I did not know at the time I took the conveyance to the prisoner and his sister, that, with the exception of this property, they were paupers; I did not inquire—I did not know how they got their living—they were not able to pay me, except through Newhall, who advanced the money for the purpose—I do not think we had required to be paid for what we had done before that time; I will not swear we had not, without referring to my memoran dum—I did not at that time know that they were in such very needy cir cumstances; I knew the prisoner himself was in difficulties—I knew that he had been obliged to quit the house at Camberwell, that there were proceed ings at law against him, and that there were overdue and unpaid bills against him; I knew that, at the time of the execution of the deed, but previously I had known nothing whatever.

Q. Did you, under these circumstances, knowing him to be in difficulties and necessities, and this woman to be unprotected, and acting for both, think that he was a fit man to have so important a trust as that reposed in him? A. If their statements were right, and their figures, she was giving him very little; there was very little surplus made out.

COURT . Q. Why was she to give him anything? A. There was the mortgage; in fact, the property was worth very little; in fact, she knew so much about it that she wished to get rid of it; there was the possibility of her being made a party to a Chancery suit; there was a mortgage of 3,000 l . odd, and a legal debt of 300 l . odd, on this very property, and a Chancery suit going on at the time, and Mr. Kirk had been endeavouring to find her out to cite her, and make her a party to the suit, which she was desirous of avoiding; therefore we considered that the prisoner was taking but very little under this deed.

MR. CHAMBERS . Q. Did you go through this case with Miss Constable and the prisoner? A. I did; I read it through, and on the information I received as to the morning of the 30th, I wrote this on the margin—Miss Constable did not deny the accuracy of any of the statements in this case.

COURT . Q. Are you acquainted with the handwriting of Mrs. Blackwell?

A. No; I do not think I have ever seen her write, or the prisoner—this case, and the opinion, were read over to Miss Constable.

---- MARTIN . I am the attesting witness to this deed; I saw Miss Constable execute it.

MR. BODKIN . Q. Were you in the room all the time, or merely called in to witness it? A. Merely called in; I know nothing of what passed.

COURT to MR. BOYS . Was this deed with the blanks in it, with the signa tures and the attestation, ever drawn to Miss Constable's attention? A. I am not aware that it was—there were two other deeds in her favour, exe cuted, I think, in Feb.—her attention was called generally to deeds—I never called her attention to the fact, that as this was a deed executed by her father on the day before, or the very day of his death, whether she recollected the transaction, or who were present—I never anticipated any inquiry of this kind—I cannot say exactly which told me, but I collected from them that it was the 30th—in the case of a will I should ask whether it was executed on the very day of the man's death—the only question about this deed was the date of it—it was in blank—it had no date; and of course that was the subject of conversation, and the effect of that deed with the two others—I do not re collect that I asked whether the prisoner had ever seen either of the subscrib ing parties at the time—before this second deed was executed I had reason to believe that the prisoner had seen Miss Constable and her father before the beginning of the year 1841—it did not occur to me that I was making at deed in favour of the prisoner, who was the attesting witness of the other deed, in favour of Stanley, because he was interested under Stanley's will.

( The Deed of Confirmation was here read. It recited the whole of the former deed, with the addition of the blanks being filled up, it stated that there (was a debt of 1109 l. 7 s . due to Stanley from Mr. Constable; and finally conveyed the property mentioned in the first deed to the prisoner and Phoebe Blackwell, for the purpose of meeting the demands upon the estate, including the above sum of 1109 l . 7 s .)

The account referred to, was as follows :

"Mount Pleasant House, Lewisham.—Richard Constable, Esq., Dr. to Joseph Stanley.—1838, Feb. 1st, paid for carpets, as per annexed, 30 l .; June 2nd, paid acceptance for furniture, 25 l .; June 7th, do. Mr. Buffin, 20 l .; July 17th, Stoves at per bill, 30 l .; Radburn, for painting house, 115 l .; Collett, 40 l .; do. balance of bill, 6 l . 15 s . 9 d .; Hind's bill of costs, 22 l . 19 s .; Aug. 16th, Smith's bill for bell-hanging, &c., 44 l .; Paid on account of furniture bought at a sale at Shooter's Hill, 7 l . 12 s . 3 d .; Sept 20th, cow and calf, 18 l . 5 s . do. do. 19 l .; red cow, 13 l . 5 s . cash 20 l .; to do 30 l .; Sept. 23rd, expenses to Wales, on account of Richard Constable's affairs, 50 l .; Sept. 23rd, paid acceptance on account of Foakes, 31 l . 7 s . 6 d .; Oct. 19th, do. Mr. Gibbons, carpenter, balance of account, 20 l .; do. Mr. Gray, for plumbing, 7 l . 16 s . 3 d .; 31st, sow and ten pigs, 8 l .; gilding, 6 l . 6 s . Dec. 26th, cash advanced to Richard Constable, 400 l .; labourer's wages from June 26th to Dec. 26th, at 15 s . per week, 18 l .; do. Gardener for the period as above, 15 s .,—18 l .; for haymaking during the years 1838, 1839, and 1840, 10 l . per year, 30 l .; Mr. Clark, for churning utensils, 10 l . 10 s .; Dec. 27th, paid Messrs. Sutcliffe and Birch on Constable's account, 53 l . 16 s . 3 d .; 1838, Oct. 13th, paid Messrs. Bowman and May, 5 l . 7 s .; to Robert Vice, for hire of gig, 1 l . 16 s .; to Mr. Rose for measuring garden, &c., 1 l . 1 s .; paid taxes 5 l . 10., Total 1109 l . 7 s ."

"I have carefully compared the foregoing account with the entries made in the cash-book of my late father, Mr. Richard Constable, and find them to correspond therewith; and I therefore admit this account to be correct, and

that there is justly due from the estate of my late father to the estate of the late Mr. Joseph Stanley the above sum of 1109 l . 7 s .; signed 'Elizabeth Hollis Constable, Friday, Dec. 3rd, 184 l .; Witness, Thomas Newhall, 13, Wood-street, London.' "

COURT to MISS CONSTABLE . Q. Take that paper into your hand, and carefully read the memorandum at the bottom, above the signature? A. I read it before—the signature is decidedly not my handwriting—if any one has sworn that he saw me write it at Camberwell, he has sworn falsely—the words beginning" I have carefully compared," are not my handwriting, not any part of it—I never saw the paper before this evening.

Q. Look at the very beginning, and explain what those items mean? A. (Reading )—"Mount Pleasant House, Lewisharn.—Richard Constable, Dr. to Joseph Stanley. 1838, Feb. 1st, paid for carpets, as per annexed, 30 l ."—I suppose that item was obtained from Stanley's memory, or perhaps a bill delivered to him—I should think it was taken from an account that Stanley kept—he and I bought the carpets together—we went together to choose them, and he had 30 l . given to him to pay for them, by my father—there was a trifling balance, which he never accounted for—the next item is, "Paid acceptance, 25 l ., for furniture"—that was paid by a bill, and I have the acceptance, but not with me—it was to a man named Rushton, in the Kent-road, accepted by my father—"Mr. Buffin, 20 l ., stoves as per bill 30 l ."—they did not cost anything like 30 l .—he had the money to pay for them.

Q. Had he any funds of his own, by which he could have paid for these several things? A. I have ascertained since, that he had not 1 s .—he had nothing—"Radburn, for painting house, 115 l ."—I paid that man myself in the house, and Stanley was not present—he brought the gentleman down, and gave him a promissory note for the amount, and I paid him in his presence—I do not know the gentleman's name—he lived somewhere at Rotherhithe, and this gentleman was his landlord—"Collet, 40 l ."—he was Mr. Abraham Constable's coachman, and received it from my father—"Hind's bill of costs, 22 l . 19 s ."—Mr. Hind was the coroner of Sitting bourne, and these were the costs accruing from Mr. C. Pratt signing the deed of reversion, in conjunction with the Thompsons—my father paid that—I was not present—he supplied Stanley with the money to go—he could not have gone without it—"Smith's bill, for bell-hanging, 44 l ."—that was paid by an acceptance of Mr. Davies, the wax-chandler, in St. Martin's-lane—"Paid an account of furniture bought at Shooter's-hill, 7 l . 12 s . 3 d ."—Mr. Langdon bought the furniture, I believe, with a larger sum than this—we bought a cow and calf, but the sum waa 9 l .—he has doubled it—" Ditto, dtto, 19 l ."—it was rather an aged cow, and we had it for 9 l .—'"A red cow, 13 l . 5 s ."—I think we gave about 10 l . or 11 l . for it, but Mr. Fluker, I be lieve, has the items—"By cash, 20 l ., by ditto, 30 l .," but then it was cash given to Mr. Stanley not as given my father—"Expenses to Wales, on ac count of Richard Constable's affairs, 0.5 l ."—I have the numbers of all the notes—he received a sum of 300 l ., and I gave it him myself—"Sept. 23, paid an acceptance, on account of Foakes, 31 l . 7 s . 6 d ."—that was an accept ance that I went and paid Foakes myself, at the Greyhound, at Croydon, on Saturday, the day he always calls to collect his rents—he is the land-steward of Captain Cater, of Tulse-hill—"Mr. Gibbons, carpenter, balance of ac count, 20 l ."—that I paid Gibbons, and I have, no doubt, his voucher for it—"To Mr. Gray, plumbing, 7 l . 16 s . 3 d ."—it was something more than 7 l ., but not "7 l . 16 s . 3 d ."—"For a sow and ten pigs, 8 l ."—I paid it myself—Stanley was not on the premises at the time, and the gilding was the gilding

for some pictures, which I paid to a man at Kennington, named Boswell, and took his receipt for it—"Cash advanced to Richard Constable, 400 l ."—he did not want any such cash—he had enough of his own, and Stanley was not in a condition to lend it him, if he had wanted it—"Labourer's wages, from June 26th, at 15 s . per week, 18 l ."—that was paid by Mr. Freeman, of Cole man-street—it was deducted from the rent, therefore my father could not owe it him; and the gardener likewise; Mr. Freeman told me himself that he had paid the gardener, and deducted it from the rent that was due to us, consequently it was not paid by Stanley—"for hay-making, during the years 1838, 1839, and 1840, 30 l ."—he sold a stack of hay that belonged to as for 57 l ., for which he never accounted—he sold the grass, on the land for fourteen guineas, and supposing that the hay-stack was where I left it, I gave him 12 l . to pay it last season, therefore he had no claim to make for hay-making—"Mr. Clark, for churning utensils, ten guineas"—that was a man in Fleet-street—I paid him, and have oil receipt for it—he did not know Stanley, and I believe never saw him in his life—"Paid Sutoliffe and Birch, on Constable's account, 53 l . 16 s ."—he borrowed 50 l . of Mr. Birch, and I think Mr. Birch said he returned it to him—there is not one farthing that is owing to Stanley—I do not know in whose handwriting this account is—no part of this paper was ever read out to me at the prisoner's house at Camber-well—I never saw it till I came into Court to-day.

Q. Mr. Boys has said that your attention was called to the amount due, namely, 1,109 l . therein stated? A. I beg Mr. Boys's pardon—I never had my attention called to any such thing—this case was never shown or read to me by Mr. Boys—I never had any case shown to me there—he never called my attention to his having taken counsel's opinion respecting the new deed—I dare say I should not have understood it if he had.

Q. Did the prisoner ever state in your presence and that of Mr. Boys, that the deed which is now called forged, was executed on the 30th of Dec.? A. I believe I can truly swear, that I never heard the prisoner mention my father's name in any way in his life—I never gave Mr. Boys to understand that the first deed was executed on the 30th of Dec.—I could not have told him so, nor should I have suffered such a statement to have passed unnoticed.

Q. This confirmation deed which you executed, conveys to the executor and executrix of Stanley, all the property, to pay the supposed creditors of your father, and states that his estate is indebted 1109 l . odd to Stanley's executors; was that explained to you by Mr. Boys? A. No—I had no explanation of the kind—I never entered into it—it was never suggested to me, or ever sus pected—it was given to the prisoner under a very different impression—I agreed to make it over to him under a very different impression.

Q. What was the expectation held out to you to make over the pro perty to him? A. That he would give me a deed of annuity of 30 l . a year, that he would clear the estate of the incumbrances bearing on it of 2,300 l ., I think, and Mr. Parker's bill of costs.

Q. How came you not, when executing the deed, to say, "I see nothing about this 30 l . a year that I am to have?" A. I did not read tie deed my self, nor did I hear it read, except a small part, which took a very short time, and on hearing Miss Black well's name I objected to it—I omitted to state when I was in the witness-box before, that on my calling at the prisoner's, at the time Mr. Newhall was there, the prisoner took an opportunity of telling me that Mr. Newhall was a man of 700 l . a year, and was the gentleman who was to advance the money from the City, to clear the incumbrances, and he was rather doubtful of my communicating with Mr. Newhall—Mr. Newhall left the house with me, and the prisoner requested that if he inquired where I

lived, to tell him that I lived at Brompton, but he did not make such an in quiry—while I was there Mrs. Black well just put her head into the room, and called her husband into the passage, and I heard her request him not to allow Mr. Newhall to make out the sums to be entered in the deed.

Q. Then he was preparing some deed? A. He took a little side of a note or something of that kind from his pocket, and a pencil, and the prisoner and he had a conversation as to the amount that ought to be entered in the deed to make it valid—this account was not produced to me—it was a small piece of paper much less than this—this was not produced to me as the result of any memorandum made—Newhall was taking some step to suggest a sum to be put in the deed.

Q. What did you understand, any sum at all was to be put in the deed for, unless your father's estate was indebted to Stanley? A. Because I under stood that the deed of reversion, that had been prepared for the Thompson family by Mr. Birch was not available, because it showed no money for consi deration, and Mr. Newhall said that that was an evil that must be guarded against in preparing the one that was to be given to the prisoner—I was told it was necessary to introduce a consideration—I did not understand that the introduction of that consideration pledged me to pay a debt—no debt was ex plained to me, or such a thing suggested—I thought it was a merely nominal thing, that it was for the sake of validity, and I was the more, confirmed in that by asking a friend, what would be the fate of a deed that showed no money consideration, and he said it would be valueless—I was not aware that the sum to be inserted in the deed was to go into the pocket of Stanley's executors—I heard no more about it, and I did not know it was inserted, or that any thing more was said on the subject—the estate was in a most ruinous condition, in consequence of the prisoner not having earned ont the views he proposed, and no money I am sure had been raised on it, except by selling hay and grass, and what would raise a little ready money, or perhaps the fur niture—his proposal was that it should not be sold—I did not understand the operation of the deed which I was called upon to execute—I did not know that I was making an absolute conveyance of all my property to him.

Q. Then why were you to have 30 l . a year by way of annuity, if it was of no benefit to him? A. It was then at his own option to do as he pleased—he could sell it if he pleased, but he did not bold out that view to me—he said he had the means of turning it into the same comfortable residence it had been, for himself—he was to have it if he had given me the 30 l . a year, and fulfilled his other engagements—I did not dispute that at all—if he had paid me my 30 l . a year and discharged the estate from its incumbrances, I meant him to have the property, and I did not consider he would be very greatly advantaged—he has never paid 1 s . of any thing—he has suffered every thing to go to ruin and destruction—I imagined that the debt of 1109 l . was only a consideration to give validity to the deed—I did not understand that it meant to appropriate that as a supposed debt to Stanley—I never had that pointed out to me.

GUILTY of Uttering. Aged 25.— Judgment Respited.

Before Edward Bullock, Esq.

815. DANIEL HOPKINS was indicted for stealing, on the 31st of Jan ., 1 mare, price 3 l ., the property of Thomas John Bolton .

JOHN SEABROOK . I am in the service of Thomas John Bolton, a con tractor for post riding-horses, in Brunswick-street, Stamford-street. The prisoner has been a post riding-boy—on Tuesday, the 21st of Jan., the wit ness Gibbs brought the prisoner to me at the Post-office, with a mare

—I knew it to be Mr. Bolton's mare—Gibbs said, in the prisoner's presence, that he had brought it to him, and sold it him for a sovereign, and asked me if the prisoner was authorized to sell it—I said, certainly not, he must take him over the water to master's premises—he said a boy named George Morgan stole it, and said if he would sell it he would give him 1 s .—I gave him in charge.

Cross-examined by MR. BALLANTINE . Q. Are you the only person be longing to the establishment here to-day? A. Yes—the horse was not missed at all—it was valued at 3 l .

WILLIAM GIBBS . I am a general dealer. On the 31st of Jan., the pri soner was coming down Cow-cross, on the mare, which was very lame indeed—I asked him whether it was for sale—he said, "Yes"—I said, "Who does it belong to?"—he said, "My master"—he told me who his master was—I asked him where his master lived—he said, up by Sadler's Wells—he was a green-grocer—I asked him the price—he said be wanted 30 s .—I said, "Is that the lowest?"—he said, "No, master says I may take 1 l . "—I said, "I will go along with you, and see whether it is all correct"—I gave him the 1 l ., and went with him towards Sadler's Wells, to see if his master lived there—before we got there, he ran away from me—I ran, caught him, and asked what made him run away—he said he was going to leave bis master, and did not wish to give him the money—I asked him for the money back—he gave it to me, and told me he had stolen it, and who he brought it from—I took him to the Post-office—the mare has been left in Sharp's-alley, in care of my wife.

Cross-examined by MR. BALLANTINE . Q. Did you mean to swear he told you he had stolen it? A. He said him and another had stolen it from Mr. Bolton's place—that was not in Seabrook's presence—it was before he came up—he said no further about his master, but that he was going to leave him that night—that he should stick his wages to the money—he told the Magistrate he had stolen it—that was taken down in writing, as far as I know—I heard my deposition read over to me—I am no scholar, but this is my mark—I heard him say to Seabrook that another boy stole it, and he sold it for him, but that is not what he told me—the stables the horse is supposed to come from are over the water.

( The witness's depositions being read, omitted to state that the prisoner said he had stolen the mare. )

WILLIAM GIBBS . I said so at the office—what I said there was nothing but the truth.

HANNAH WHITE . I am the wife of William White, foreman at Mr. Bolton's premises, at Lambeth. I have seen the prisoner—I know a boy named Morgan—I saw him come into the yard, put the halter on the horse, and lead it out.

Cross-examined. Q. Was he alone when he did that? A. Yes, quite—I saw him take it out of the yard—I did not see him take it any distance—there was nobody in the yard but me saw him come in, and put the halter on the mare—I did not see the prisoner or anybody else there.

NOT GUILTY .

816. WILLIAM CARPENTER was indicted for embezzlement.

MR. BODKIN conducted the Prosecution.

ANN WILLIAMS . I lodge in Mr. Judd's house, in Blackfriars-road. I purchased a washhand-stand of the prisoner, at Mr. Judd's shop, on Saturday, the 19th of Nov.—I paid 4 s . for it.

Cross-examined by MR. HEATON . Q. How long have you known the prisoner? A. Since the 3rd of Sept.—I have paid my rent twice to him—I did not see Mr. Judd daily—sometimes he was not there for two or three days together—sometimes not from one week to another—he has another shop at some distance—I have lived in the house with my husband since the 6th of May—we were on friendly terms with the prisoner—I did not ask him to get me this stand at the cost price—my son-in-law sent me to buy a double washhand-stand—I do not know that the prisoner ordered it of the maker for me, nor that 4 s . is the maker's price for it, and the ordinary charge 6 s .—the prisoner did not say he had got this from one of the persons who made for them, on purpose for me—when I asked him he said he had not got one at that price in the house—he did not say he would get one—it might be a week or a fortnight before I got it—I did not tell him that 4 s . was as much as I could afford—I do not recollect that he said he would get me one—it was not for myself, and of course I took no more trouble about it—I did not ask him to get one made for me—he never said he would get the person who made for Mr. Judd to make one for me, or anything of the kind—there was no other person present when I paid for it—I did not see the stand in the shop, nor see it brought up to my room—it was painted, and looked quite new and clean—I do not know whether it looked as if it had come from the maker—I know that a stand would acquire a darker hue by remaining in the shop—it did not look as if it had been in a broker's shop.

SOPHIA MARIA UNDERWOOD . I live in Fore-street, Cripplegate. On the 5th of Dec. I bought at Mr. Judd's shop, twelve yards of carpeting at 2 s ., 2 d . a yard, and a hearth-rug for 12 s . 6 d .—my daughter was with me—to the best of my belief the prisoner is the man I paid—he gave me this card ( pro ducing it ) as a bill—the things came to 1 l . 18 s . 6 d .

Cross-examined. Q. Was not Mr. Judd present? A. The prisoner showed us a hearth-rug, which was 12 s . 6 d .—we said we would rather have a darker, and he brought us one which he said was 14 s . 6 d .—I said I would give him 12 s . 6 d . for that—Mr. Judd came into the shop, and the prisoner showed him the mark on the back, and he then left the shop—I said, "If they won't take 12 s . 6 d . for it, I won't have it," and the prisoner rolled it up, and we had it—after the 14 s . 6 d . rug had been shown to us, the prisoner and Mr. Judd spoke together—we had agreed for the carpet before—I did not hear the prisoner ask Mr. Judd whether he would take 12 s . 6 d ., nor tell Mr. Judd the quantity of carpet we had bought—it was then rolled up—it was a Kidderminster carpet—I did not hear the prisoner say there were twelve yards of it at 2 s . 2 d . a yard, or ask whether he might let the rug go at 12 s . 6 d .—he rolled it up, and then Mr. Judd left the shop.

MR. BODKIN . Q. Had you been long in the shop? A. No, I was only there about a quarter of an hour—Mr. Judd came in at a side door.

ELIZA ANN UNDERWOOD . I went with my mother to Mr. Judd's shop, on the 5th of Dec.—I saw her pay for the carpet and rug—I think the prisoner is the man she paid 1 l . 18 s . 6 d . to—Mr. Judd came in while the bargain was going on—he staid a very short time—he left us together.

Cross-examined. Q. You got the rug for 2 s . less than he asked for it?

A. Yes—when Mr. Judd came in, we were asking the prisoner, "Have you any rugs?"—I do not think Mr. Judd was in the shop that minute, but he came in directly—the prisoner took out three rugs—we looked at them, and thought the first one at 12 s . 6 d . was too light—then for the darker one he wanted 14 s . 6 d .—the prosecutor came into the shop, and the prisoner said, "The lady is no bad judge"—I do not think he could hear us bid 12 s . 6 d . instead of 14 s . 6 d .—he passed quickly by—the prisoner described the size of

the rug to him, but not the price—I think it wat about eleven feet—I do not think he said, "They want it for 12 s . 6 d ."—I saw him speaking to Mr. Judd, but I cannot say whether it was before or after we offered the 12 s . 6 d .—the carpet was cut off, and was lying there at the time—the prisoner might have said to Mr. Judd, "The ladies have bought twelve yards of carpet," but I do not remember it—all the transactions took place openly—we were in the open shop—the road is a great thoroughfare—I think it was about four in the afternoon, which is a very busy time—the prosecutor passed quickly by, he did not stay in the shop, he was busy with a cart, with some things at the door, to the best of my remembrance—I saw my mother put her hand into her pocket, and hand something to the prisoner—I do not think the pro secutor was by at that time—after we agreed to have the rug, the money was paid—I do not think anything more was said about the price after the prisoner spoke to the prosecutor—my mother had offered 12 s . 6 d .—it was wrapped up with the carpet immediately, and the money paid—I think the prosecutor was not in the shop at that time—I only saw him once.

RACHEL MORGAN . I am the wife of Lewis Morgan; we keep a dairy. On the 3rd of Dec. I went to Mr. Judd's shop, and bought a looking-glass for 2 l . 15 s . of the prisoner—I paid 2 l . at the shop, and when the prisoner brought the glass home I paid him the 15 s .—this is the receipt—( producing it. )

Cross-examined. Q. Do you know Mr. Judd? A. I know him now—I did not see him at that time—I bought the glass on a Saturday evening, be tween seven and eight o'clock, which was a busy part of the evening—I be lieve there were two persons in the shop—two men, or a man and a boy—I am not sure—whoever was in the shop could see me pay the 2 l .—it was paid openly on a table in the shop—I paid the 15 s . at my boose in St. John-street, Smith field, as I agreed with him at the shop—I was very few mi nutes bargaining with him.

JOHN JUDD . I deal in furniture, and live in Blackfriars-road. The pri soner had been there about four months to manage the shop as a salesman—he had 18 s . a week, and 6 d . in the pound commission on all he sold—it was his duty to enter every article in a book, the price, and the address of the person, and to account to me for the money whenever I asked him for it—he has never accounted to me for 4 s . for a washhand-stand, sold to Mrs. Williams—I have searched the book—it is not down—I have since been to see—it—it was a part of my stock—he had not accounted for 1 l . 18 s . 6 d . for the carpet and rug, nor for the 15 s . for the glass sold to Mrs. Morgan—I chal lenged him with that, as he said he had entered all up—I said I recol lected the glass being sold—he said he had forgotten it, begged my pardon, and said he had spent the money—I have seen him write, and I know this card and receipt to be his writing.

Cross-examined. Q. He said he had spent the money? A. Either spent it or lost it—this conversation was on the 7th of Dec., when I gave him in charge—he told me he had spent some of the money, and lost the remainder—I used to go into the shop very frequently, but I considered the prisoner a trust-worthy person, and left it to him—I should say I was in the shop when the glass was sold, if not I was when it went away—I did not know the price he sold it for—this was on Saturday night—I had the conversation with him on the Wednesday following—I took the book on Monday and asked for a settlement, but we did not settle, as I was called out—we did not usually settle on Mondays—sometimes we did it twice a week—I do not recollect that we ever exceeded a week till the last time, and we should not have omitted it then, only I was called out—I was on friendly terms with the

prisoner—I considered him a fair salesman—he sold the things to Mr. Capron—I do not know that he made rather too good a bargain by that—he was not to have half the profit—I did not agree that he was to have 4 l . 10 s . for that bargain—I did not get 9 l .—I should say I got about 4 l . 10 s . out of 15 l .—his commission would have been about 4 l . 10 s . if all the goods had been sold—there would have been about 90 l . worth—he was entitled to 6 d . in the pound, and no more—I was not in partnership with him, and he never was treated by me as a partner or a master, but as a salesman—I never re presented him to be my brother or a master—I believe he has represented himself to be such in two or three instances—I never suffered him to do so in my presence—there was not an altercation between us as to whether he was not entitled to 4 l . 10 s . on the transaction with Mr. Capron—he did not represent that it was such a bargain, having got 9 l ., that he ought to have 4 l . 10 s .

Q. Was there not a question about his mother paying the amount of the sums you charge him with; and did he not refuse because he was to have 4 l . 10 s .?— A. No—he proposed before the Magistrate to pay, but I refused it—his mother came to me to make proposals, but I said it must take its course—this book which is here is the prisoner's hand-writing—the books in which the entries were made were not kept at my other shop—they used to come to me every night, and go back in the morning—there were not the same books for both shops—I do not know that the prisoner had a private memorandum-book—I believe the policeman took a small pocket-book from him, but I never knew he had one till it was taken from him—the books were always fetched to the shop where the prisoner was, or I took them myself—they might have been away for half a day, and then he used to make his entries on a small slip of paper, and copy them in the book—my order-book and cash-book were not left at my other shop on the 5th of Dec.—I took them on that Monday morning, about half-past nine or ten o'clock to have a settlement with him, but I was called out—my other shop is in the London-road—I do not know that there has been any talk about an action being brought against me for giving the prisoner into custody—I was never threatened with an action, and I did not prefer this charge in conse quence of any threat.

Q. Are these entries in this part of this book in the prisoner's writing?

A. Yes, they are something which he has been pencilling which are nothing regarding the trade—Mr. Capron's name is not here—I cannot tell what this entry of 4 l . 10 s . is—it is not in the regular way of the book—I never saw this entry before—I have had possession of this book from the time I made the charge—the prisoner has not had an opportunity of making an entry since—this is not the entry of his commission—there is his commission-paper just dropped out of the book—( pointing to it )—I have not torn any leaf out of this book—I had the prisoner before the Magistrate on the Thursday even ing—I did not then state that I did not wish to prosecute him—I said I wished to be lenient with him—there was no arrangement between us as to how much he owed me—there was on a former transaction long before this, when he was deficient 2 l . 10 s ., but I forgave him that—he was to pay me 10 s . a week—the Magistrate did not say he could not see any case against the prisoner—he began to take depositions against him—the Court was not sitting here at that time—I cannot say how soon it sat afterwards—the Magistrate said, we must take our witnesses before the Grand Jury—he did not say he thought there was no case against him—he said he thought the case was very black against him—we could not come to this Court the first time, because the prisoner was remanded—he was remanded a second time,

and then we preferred the bill before the first Grand Jury that sat—the Magistrate did not tell us to go the first time—he did on the second—he did not complain of our delay—neither the 4 s ., nor the 1 l . 18 s . 6 d . are entered in this book, nor was the glass entered, till I challenged him with it—he took the book and entered it—I did not say anything to him about the 1 l . 18 s . 6 d .—I was in the shop at the time he sold the carpet and rug, as I generally was—I saw there were customers in the shop—he did make a statement to me that they wanted the rug for 2 s . less—I cannot exactly say that he told me that they had bought a carpet, as an inducement to take off the 2 l .—I do not know that there was 2 s . taken off—to the best of my recollection, I believe he did tell me that the price of the rug was 14 s . 6 d ., and they wanted it for 12 s . 6 d .—there was some cut off the carpet—I was not present when the things went away—I did not see the money paid—Mrs. Underwood was not a customer—I never saw her before—I did not expect he was giving her credit, but it is as often the case that the goods are paid for at home, as in the shop—I knew two or three days afterwards that the carpet, and rug were sent home on the Monday on which they were purchased—it was on the Wednesday night that I asked the prisoner to account—I did not ask him to account for the hearth-rug and carpet—it did not strike me about them till afterwards—I had not then looked through the book—I said to him on the Thursday morning, "You have not entered the carpet and rug"—he then beg ged my pardon, and said he had spent the money—he had had from Monday until Thursday to have entered it—he had been away during that time—he went on Monday night, and ought to have been at the shop on Tuesday morn ing—I was not aware he was not there till about eleven o'clock that morning, when I went and opened the shop myself—he came in about an hour after, drunk, in a cab —I asked the cab -man where he brought him from, and he said from a gambling-house—I know Mr. Harding, of Cripplegate—I did not send him amongst his men, to get a list of prices, but on the Monday night, about half-past seven, we had some talk together, and he said he could get his list of prices—I said I should be glad if he could—I did not tell him to get it at any price—he did not say he could get it by giving the men drink—he came back with a list of prices the same evening, and then went off—his wife came to me next morning to know where he was, as he had not been home all night—Wednesday night was the first time I spoke to him about the glass; he begged my pardon, said he had spent part of the money and lost the remainder—on Thursday he said the same with regard to the carpet—he paid me a cheque of 6 l . which he received for a debt he collected for me—he told me on the Monday, that he had not got it, but on Tuesday he gave it me, and 4 l . in gold—I did not speak to him about the washhand-stand—I did not know it myself till since his examination—he did not say it was a pri vate job of his own—the regular price for them is 4 s . or 4 s . 6 d .

MR. BODKIN . Q. What was the 10 s . a week that you were to receive from him? A. He was deficient 50 s . one week, and he was to pay it at 10 s . a week, but he only paid one 10 s ., and I forgave him that—the first item of 4 s . for the washhand-stand was on the 19th of Nov., and there is no entry of that—there are entries of other sales subsequent to that in this book, in his own writing—I did not know of that stand being sold till after the first examination—this book, in which it was his duty to enter every sale—on Saturday, the 3rd of Dec., I was there all that day—I took it away myself late that night, and brought it again myself from my other shop in the London-road early on the Monday morning—it remained there all that day, and Tuesday, but on Tuesday he was not there till late—on Monday, I sent him to Mr. Harding's about some prices—he came back with them very late, close upon twelve

o'clock, and said he had been drinking with Mr. Harding's men—I saw no more of him that night, and the following morning I found my shop closed at eleven o'clock; when he came that day, he got out of the cab two or three yards below the shop, just round the corner, he then remained at the shop half an hour—I told him to go home, and go to bed, as he was not fit for business—he came on Wednesday, remained all day, and in consequence of something I discovered, I spoke to him that evening—I first asked him about the glass—I looked in the book, and found there was no entry of it—I then spoke to him about it—he begged my pardon, and said he had spent some money, and lost the rest—he did not say anything about the carpet and rug, and it did not strike me at that time—I then looked in the book, and found they were not entered, and then on Thursday I spoke to him about them—he gave me the same answer, and he was 2 l . 15 s . in money deficient that he had not accounted for—he was given into custody on the Thursday, and taken before the Magistrate the same day, and remanded for close upon a fort night—the Magistrate ordered him to be detained in Horsemonger-lane—I do not recollect that on two occasions the Magistrate said the Grand Jury were sitting—my attorney attended the examination.

MATTHEW GODBARD ( police-constable M 167.) I took the prisoner on the 8th of Dec.—Mr. Judd told him what it was for—he said he was very orry, and wished Mr. Judd to look over it, and come to some sort of terms—he said he hoped I would persuade Mr. Judd to be merciful to him.

Cross-examined. Q. Did you take a book from him? A. Yes—he said he was very sorry he had spent Mr. Judd's money in a drunken frolic—he did not say how much it was—he had this book in his hand—he and Mr. Judd were together some time, and had some conversation about accounts—they were talking about some former balances, and the prisoner said, "I thought you would have taken this as you have the other"—Mr. Judd said he would do no such thing—they went to their books, and were some few minutes going through them—I did not see that Mr. Judd had his book in his hand—he had some papers.

CHARLES WRIGHT . I am attorney for this prosecution. I attended at the prisoner's first examination—he was remanded from Thursday till the following Saturday week to give me time to inquire—he attended then, and was remanded till the 7th of Jan. to give me further time—before the 7th of Jan. a Session was holden here—I came and preferred this bill by desire of Mr. Cottingham—I applied that the depositions should be taken, and the Magistrate said he saw no difficulty in the matter.

Cross-examined. Q. Did you tell him for what you wanted time? A. I supposed there were further cases—I do not think I had one of the witnesses there at first—I did not enter into the several charges—I did not know of the washhand-stand then—it was on the Thursday evening—I rather think the looking-glass was the only charge that was then made—I think the others came out afterwards—I went again on the Saturday week following, and then the Magistrate did not take any depositions—the prisoner complained that I had not gone before the Grand Jury, and the Magistrate said, "I gave time to find cases"—the prisoner said the Magistrate had remanded him to give me an opportunity to go before the Grand Jury—on that occasion no depositions were taken—the Magistrate did not tell me that the Grand Jury would sit on the 5th of Jan.—he said he would remand the prisoner till the 7th of Jan. to give me an opportunity to go before the Grand Jury.

COURT . Q. When the prisoner complained that he had been remanded for you to make application to the Grand Jury, what did the Magistrate say? A. He said, "Certainly not"—he gave me time to gain evidence.

NOT GUILTY .

817. WILLIAM CARPENTER was again indicted for embezzlement.

MR. DOANE conducted the Prosecution.

RACHAEL MORGAN . On the 3rd of Dec. I purchased a chimney-glass at the prosecutor's shop, from half-past seven to half-past eight o'clock in the evening—I did not know whether it was master or servant I bought it of—I paid 2 l . as a deposit on the glass—I did not wish to pay more till I saw it brought home.

Cross-examined by MR. HEATON . Q. You have told us there were two persons present? A. Yes, either two men or a man and a boy—the only one that was talking to me about the glass was the prisoner, and I gave him the money.

JOHN JUDD . I carry on business in Blackfriars-road. The prisoner was in my service as a seller, and was authorised to receive money on my account—it was his duty when so receiving money to account to me by entering it in a book directly the articles were sold—he never accounted to me by enter ing it in the book, or otherwise, for 2 l . paid by Mrs. Morgan on the 3rd of Dec.

Cross-examined. Q. I suppose all you said in the last case was true? A. I should say it was—I do not know that I asserted any thing untrue.

NOT GUILTY .

Before Mr. Common Sergeant.

818. JOHN CHETTLE was indicted for embezzling, on the 17th of Dec ., 18 s . 10 d ., the monies of Joseph Theopilus Humphries , his master; to which he pleaded

GUILTY . Aged 32.— Confined Six Months .

819. DENNIS DOWNING was indicted for stealing, on the 27th of Jan ., 1 purse, value 3 d .; 2 sovereigns, 2 half-severeigns, 1 half-crown, 36 shil lings, and 10 sixpences; the property of Harriet Pryer ; to which he pleaded

GUILTY . * Aged 13.— Transported for Seven Years—Convict Ship .

820. RICHARD GROVES LEVERS was indicted for stealing, on the 17th of Jan ., 6 pence, the monies of George Richard Gainsford and another, his masters.

MR. PAYNE conducted the Prosecution.

GEORGE RICHARD GAINSFORD . I am in partnership with Mr. Good, as linen-drapers, in High-street, Borough. The prisoner was our shopman for nearly two years—in consequence of some circumstances I directed Johnson George, on the 17th of Jan., to mark some copper money—on the 18th a policeman was sent for, and the prisoner's box was searched in my presence, a quantity of copper was found there, and some was marked.

Cross-examined by MR. ADOLPHUS . Q. Have you no more than one partner? A. No—the prisoner had 40 l . and 45 l . a year—the marked money was found in his box in his bed-room—one or two more young men slept in that room—the box was locked—he unlocked it himself.

JOHNSON GEORGE . I am shopman to Messrs. Gainsford and Good. On the 17th of Jan., by direction of Mr. Gainsford, I marked six penny-pieces, and about two o'clock placed them on a recess behind where the prisoner was in the habit of serving—about an hour afterwards I missed five of them, and the other one after five o'clock—I saw the copper that was found in the pri soner's box—the policeman brought it to me from the station—I examined it—among it I found the sixpence which I had previously marked and laid in

the recess—I put a cross on the edge of each penny-piece—these are the six I marked.

Cross-examined. Q. The recess is very handy to the prisoner, as he was doing business in the shop? A. Yes—if a person wanted change suddenly he should not give it out of his pocket, and then take it from where it might be—it is not the custom for our young men to have coppers in their pocket—they should be put into the till.

MR. PAYNE . Q. The recess was not the usual place to put coppers in? A. No—it was put there for the purpose of trying him—if a person wants change they go to the desk for it—there is a person at the desk for that purpose.

JOHN COOK ( police-sergeant M 8.) On the 18th of Jan., about half-past two o'clock, I was called to the prosecutor's—I went up stairs, and searched a box, after I had searched the prisoner—he opened it—I found in it 18 l . 13 s . in gold and silver, and 1 l . 11 s . 1 1/2 d . in loose coppers—I took charge of the copper, and produced them to Johnson George—he picked out these six penny-pieces.

Cross-examined. Q. You went to search for some copper? A. We went to see if we could find any thing of Mr. Gainsford's—we took all the money we found in the box, which I produce here.

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

821. JOHN NORMAN was indicted for embezzlement.

MARY JACKSON . I am the wife of John Jackson. The prisoner was in our service—on the 24th of Dec. I sent him with half a hundredweight of coals to Mrs. Hands—he was to bring back 9 d . for them—on the 31st I sent him with some coals to Mrs. Fenton—he was to bring back 1 s . 6 d .—he did not bring me either sum—he said they would pay next time—he did not pay 1 s . 6 d . from Gay.

JOHN JACKSON . The prisoner never paid me either of these sums.

MARTHA HANDS . I received some coals on the 24th, and sent 9 d . back by the prisoner.

ELIZA FENTON . I received some coals on the 31st of Dec.—I sent 1 s . 6 d . back by the prisoner.

GUILTY . Aged 18.— Confined Four Months .

822. JAMES SMITH and THOMAS POWERS were indicted for stealing, on the 12st of Jan ., 30lbs. weight of rope, value 2 s . 6 d ., the goods of John Churchin , in a vessel on the navigable river Thames .

ROBERT BARKER . I am mate of the Richmond Packet , lying in the Thames—John Churchin is the master. This rope belongs to that packet.

Cross-examined by MR. BALLANTINE . Q. Who had the care of this vessel? A. The captain, Mr. Churchin—I was absent from the ship about an hour.

JOSHUA JUDGE . I am an inspector of the Thames Police. On Saturday night, the 21st of Jan., I saw the prisoners in a boat—I saw Smith get on to the Richmond , and soon after jump back—I boarded their boat, and found this rope in it—I said, "Where did you get this?"—Smith said a lighterman had sent them for it—I said, "Do you know his name?"—he said, "No"—I said I should take them to his vessel—Smith said, "It is no use to go, it did not come from there."

Cross-examined. Q. Smith seemed the active person? A. Yes—Powers took no part in the conversation—I cannot tell whether Powers was employed to row Smith.

Smith's Defence. I was sent after it by a lighterman, who said he would pay us for it—I did not go on board the vessel.

SMITH *— GUILTY . Aged 19.— Transported for Ten Years .

POWERS — NOT GUILTY .

823. MATILDA GARDNER was indicted for stealing, on the 7th of Jan ., 1 sovereign, 1 half-sovereign, 1 half-crown, and 3 shillings, the monies of Edward Ockenden , from the person of Rebecca Hester Ockenden .

EDWARD OCKENDEN . I am a labourer, and live in Ely-place, South Lam beth. On the 7th of Jan. I went with my grandchild to Oxford-market where I ought to receive my pension—on my way, near the Horse Guards, I met the prisoner—she followed us up to Oxford-market—I received a sove reign, a half-sovereign, a half-crown, and three shillings—I gave that to my grand-daughter, for her grandmother—I then went to a public-house—the prisoner was with us, and I told her I had given my grand-daughter the money—we came out, and came on to Regent-street—I asked my little girl if she had got the money safe—she said, "Yes"—I said, "Let me look"—she took it out—it was in a piece of newspaper—I said, "Put it into your poc ket, and take it home to your grandmother"—in coming along, I slipped down—I went into the Jolly Gardeners, and got the dirt off my coat—the prisoner was by me—when I was going home, in a cab , and told the child to pay, she said the prisoner had taken the money out of her pocket.

REBECCA HESTER OCKENDEN . I shall be eleven years old next July. recollect having a sovereign, a half-sovereign, and some silver—I put it into my pocket, and when we got to the Jolly Gardeners my grandfather fell down—when we went into the house the prisoner sat beside me—I felt her putting her hand into my pocket, and when I felt afterwards the money was gone—no one but her could have taken it—I am sure she had it.

EMMA COSTER . I know the prisoner—she went away from me that morn ing, and had no money at all—she came home in the evening, and she then had a half-sovereign and some silver.

Prisoner's Defence. I met the prosecutor; he asked me to go with him; when we got to the Jolly Gardeners I stopped some time, and then left him.

(The prisoner received a good character.)

GUILTY . Aged 21.— Confined Three Months .

824. JOHN SHEPHERD was indicted for stealing, on the 4th of Jan ., 21lbs. weight of palm oil, value 6 s . 7 3/4 d ., the goods of John Carvallo de Medeiros .

MR. PAYNE conducted the Prosecution.

CHARLES DAVID STEWART . I was in the employ of John Knill and Co., who live in Frogmore-lane, Wandsworth—we had a tub of palm oil on the premises—it might have been there two or three months previous to the 9th of Jan.—there was 1 cwt. of the oil—it was the property of John Carvallo de Me deiros—he is a partner in the firm, but this was his private property—on the 9th of Jan. I searched in the warehouse for it—I found the tub, but a quantity of oil, about 21lbs. missing—the prisoner was occasionally em ployed by me, but he was not allowed access to the warehouse—some palm oil was produced to me in a pail—the oil is here in a cloth—I believe this to be part of that oil that was in the tub—it resembles it in quality, smell, and other particulars—I can positively identify it as having undergone a partial chemical process—I have compared it with the oil left in the tub, and I believe it to be some of the oil that was missing from it—it was worth about 35 l . a ton.

Cross-examined by MR. BALLANTINE . Q. When did it undergo this pro cess? A. I do not know—I assisted in the operation—that was the only tub that was subjected to that process—it was the first time we had ever tried it in that way—I examined the cask on the day we were at the police-station—I think it was the 6th of Jan.—I can ascertain this oil had undergone the process by the peculiarity of its appearance—it is now different from other palm oil, by its having an acid smell—I believe that is only produced by the chemical process—I never met with it in any that had not undergone the process—it is a bleaching process—I believe it is commonly applied to palm oil—I do not know that it is common to palm oil to have this acid smell—the prisoner has been a frequent purchaser of staves of tallow-tubs at our warehouse—I suppose he has bought 5 l . or 6 l . worth of them—they are 10 s . a hundred—I do not think that one of them had had palm oil in it—a consi derable quantity of grease adheres to the tubs, but the staves are scraped before they are sold—there could not be much grease scraped off after they are sold—I never knew of its being done—I will swear that this grease, which is here produced, is palm oil—I have been in the business two years and a half—soap-makers have more to do with the business than I have.

THOMAS ATKINS . I am pot-boy at the Grapes public-house, at Wands worth. On the 2nd of January a little before nine o'clock, I saw the pri soner coming from Mr. Knill's premises with a little boy—the prisoner had a pail on his shoulder, and his arm through the handle—it appeared to me as if it was very heavy, he stooped his back—he was going towards his own house.

Cross-examined. Q. What is your notion of a great weight, a hundred pounds? A. It might be a hundred pounds—he was doing this quite openly.

HENRY BAILEY . I am servant to Mr. Durant, a tallow-chandler, at Put ney. On the 4th of Jan. the prisoner came to his shop with the grease which has been produced and represented as palm oil, in a pail—there was twenty-one pounds of it—I paid him 2 d . a pound for it—it came to 3 s . 6 d .—it was given up to the officer—we had bought some of him previously.

Cross-examined. Q. Did you give him what you considered a fair value? A. I did not know the value—I took it to the foreman, who did know—we were not exactly aware what it was—we put it with our kitchen-stuff.

WILLIAM READ ( police-sergeant V 18.) I went and got this oil from Bailey—I did not find any at the prisoner's house.

GUILTY . Aged 47.— Confined Six Months .

825. TIMOTHY SULLIVAN and MARY MARTIN were indicted for stealing, on the 26th of January , 86 sheets of printed paper, value 4 s . 1 d ., and 9 pamphlets, value 1 s . 1 d .; the goods of William Mark Clark , the master of Sullivan; to which

SULLIVAN pleaded GUILTY .— Transported for Seven Years .

MARTIN pleaded GUILTY .— Confined One Year .

826. CHARLES DOUGLAS was indicted for stealing, on the 9th of Jan ., 1 half-crown; also, on the 11th of Jan ., 1 s . 1 d .; the monies of Ann Northern , his mistress: also, on the 15th of Jan ., 1 sovereign, the monies of Robert Lindsay, junior ; to all of which he pleaded

GUILTY . Aged 14.— Confined Six Months .

827. SELINA WEEDON was indicted for stealing, on the 21st of Dec ., at Lambeth , 6 spoons, value 2 l .; 1 ring, 2 l . 10 s .; one pair of sugar-tongs, 17 s .; 1 brooch, 5 s .; 5 handkerchiefs, 1 l . 10 s .; 2 pencil-cases, 3 s .; 1 tooth pick, 2 s . 6 d .; 2 sovereigns, and 3 sixpences; the property of John James Berry , in his dwelling-house.

JOHN JAMES BERRY . I am a brushmaker, living in Walnut-tree-walk, Lambeth; it is my dwelling-house. The prisoner was lodging at my house on the 21st of Dec., and on the 1st of Jan. I missed the articles stated in the indictment, to the value of 10 l . from my front-room up stairs, in a tea caddy—I asked the prisoner if she had been up in my front-room, and taken any thing away—she said no she had not—I got an officer, and searched her apartments, but could find nothing—this is my ring—it is the only article that is found—I am sure it is mine—all the other things were in the place where this was, except the handkerchiefs, which were in a drawer very near to it—the prisoner lived with a man there.

Cross-examined by MR. WILD . Q. Is this a lodging-house? A. No—very few persons come to see me, I am very much out.

JOHN POOLE . I am a pawnbroker, in Great Queen-street, Lincoln's Inn-fields—I took this ring in of the prisoner, on the 21st of Dec., in the name of Ann Brooks.

Cross-examined. Q. You carry on a good business? A. Yes, a number of persons come to my shop.

GUILTY of stealing the ring. Aged 24.— Confined Two Months .

828. CHARLES PETERS was indicted for stealing, on the 21st of January , 56lbs. weight of coals, value 6 d ., the goods of Robert Gammon , in a vessel on the navigable river Thames .

GEORGE WALKER JUDGE . I am a Thames-police inspector. About eight o'clock in the morning of the 21st of Jan., I was crossing the water from Prince's-stairs, and saw the prisoner in the after-room of a barge called the Bill , belonging to Mr. Gammon—I saw him bring a tub of large coals, and put into his boat—I shot astern of the barge, and got into the boat—I told him to row me across the river—I showed these coals to Mr. Gammon, and he recognized them.

ROBERT GAMMON . I am owner of this barge called the Bill , and the coals in it—I have examined, and compared these, and believe them to be mine.

Prisoner's Defence. I was working up the river, and asked a lighterman if I might have these coals in the barge; he said, "Stop a minute, and lend me a hand to pull this barge in, then you may have them." I had other coals in the boat.

GEORGE WALKER JUDGE . He did not say a word of this till he got half way across the water—he had 50lbs. of other coals in the boat, but these were in the tub.

GUILTY . Aged 28.— Recommended to mercy. — Confined Six Months .

829. HENRY DRAPER was indicted for stealing, on the 23rd of Jan ., 2 pairs of boots, value 1 l . 13 s .; and 2 pairs of shoes, value 10 s .; the goods of Thomas Bingley , his master.

THOMAS BINGLEY . I am a boot and shoemaker, and live in Pleasant-row, Old Kent-road. I have a shop in the Park-road—the prisoner was my apprentice—I left my shop about four o'clock, on the 23rd of Jan., and re turned about ten—I then found the prisoner in custody—these are my shoes and boots—the prisoner had no business with them.

JOHN SYMES . I am a relative of the prisoner—he came to me about twenty minutes to eight o'clock, on the 23rd of Jan.—I was in bed—he asked me to come out with him—I asked where he was going—he said, "I have got some boots here to pawn"—I asked him where he got them from—he said, "I will tell you when you come out"—I put on my boots, and went out—I asked him again—he said he had taken them from his master,

and wanted me to pawn them for him—I said I would have nothing to do with them, and told him to take them back—he said no, he would throw them away, if I did not like to pawn them—I said I would take him to his master's—he said, "No"—I then said I would take them from him, and have the money for him on Sunday—I sent word to his mother to come home, and we went to his master's, but could make no one hear, and came away—next morning I was coming down with them again, and the policeman took me and the prisoner.

GUILTY . Aged 14.— Confined Three Months .

830. DANIEL LEONARD and DANIEL TRACEY were indicted for stealing, on the 7th of Jan ., 37 yards of printed cotton, value 21 s .; the goods of William Barnett .

HARRIETT BARNETT . I am the wife of William Barnett, a linen-draper, in Cherry-garden-street, Bermondsey. About seven o'clock on Saturday night, the 7th of January, I saw Tracey take a piece of print from the door, inside the shop—Leonard was with him—I ran out, but could not catch him—I heard Tracey say, " Jack , there is a nice piece"—I am sure they are the two boys.

Cross-examined by MR. PAYNE . Q. Where were you when you heard Tracey say this? A. Close by the print in the shop—I know this print by the pattern—there is no mark on it.

MARY ANN WHITE . I am the wife of David White, a lighterman. About half-past seven o'clock that night, two boys arrived at my house—it was dark—I do not know either of them—this is my mark to this deposition, which I made before the Magistrate.

Q. Did you tell the Magistrate, "The prisoner and two other lads came to my house on Saturday night?" A. There were only two in company—I do not know which of the prisoners came, I think it was one of them—I think Tracey was one—I had not known him a long time—I had not had many things before from them—they had never been there before—I will not swear they had not—I think Tracey was one that came that night, and I think they brought this piece of cotton—I have heard of persons being in dicted for receiving stolen goods.

GEORGE KEMP ( police-constable M 205.) I went to White's house, and found the cotton—I apprehended Leonard, I saw him coming out of her house, between six and seven o'clock the same night.

WILLIAM TERRY . I saw Mrs. Barnett following the two prisoners—they had a bundle, and were running from towards her house to Mrs. White's, round the back way of the houses.

Cross-examined. Q. What are you? A. A labourer—I work for Mr. Denny, a corn-lighterman—I have never been in any trouble myself—I ran down the City-gardens to see which way they went, and heard Tracey say to Leonard, "Take it down to Mrs. Hurley's, as plain as I could understand, but Mrs. White's they must have said.

Tracey's Defence. I know nothing about it.

LEONARD — GUILTY .

TRACEY — GUILTY .

Confined Three Months , and Whipped.

831. WILLIAM GODDARD was indicted for stealing, on the 14th of Jan ., 1 bushel of oats, value 3 s .; the goods of Thomas Reeve Denny , in a barge on the navigable River Thames .

WILLIAM GILLS I am a lighterman to Mr. Thomas Reeve Denny, a corn merchant, of Hope wharf, Upper Ground-street, Blackfriars. On Satur day, the 14th of Jan., I brought his barge to Middle-tier, Horsleydown, with

150 quarters of black oats in it—we got in sixty-five quarters—it began to rain—I covered them over with a tarpaulin, and left 129 sacks full—the next morning I went down, and missed one sack—I have seen these oats produced by the officer—( examining them )—there is a difference between the two—there is a similar hull on each of them—they are similar oats.

Cross-examined by MR. BALLANTINE . Q. You thought they were not the same at first? A. One parcel is brighter than the other—two samples may have the same hull in them, and yet be different—I judge by other qualities—I have some doubt about these being the same—I have been acquainted with these sort of things ten years—I remember exactly how many of these oats I had loaded-I had left 129—I counted them before I left—I did not count how many were in the barge when I got back, but I saw the place of the sack, there might have still been 129.

GEORGE WALKER JUDGE . I am a Thames police inspector. About half-past six, on Saturday evening, the 14th of Jan., I was proceeding down the river; I saw a skiff between the two lower tiers, Horsleydown, with two men in it—as she passed close to me I saw a bag similar to this one under the back thwart—I said to my men, "Shove astern directly "—the two men in the boat began to pull across—I jumped out of the boat into the water, ran after them up the stairs, and lost them—I came back, and found no bag, but a few black oats in the boat, and directly after one of my men handed me a bag of oats—I went to the tier, and found a barge of oats, and one bag there had had about a bushel taken out of it—I have compared those oats with those in this bag, and have no doubt of their being the same—on Sunday morning I went to the prisoner's house—he was not at home—I left word that I had picked up his boat, and he must come to the Thames-police for it—when he came I asked where he was the night before—he said he left the boat at five o'clock, and went home to tea, and he was at home at six.

Cross-examined. Q. Were you in a position to see the persons in the boat better than any one else? A. No—it was the prisoner's master's boat.

HAMMOND JOHN GRIFFIN ( Thames police-constable, No. 33.) I saw the skiff—the prisoner was rowing it—I am sure he was one—when Judge jumped into the water the prisoner ran away—Hall found the oats.

Cross-examined. Q. How long had you known the prisoner? A. Be tween two and three years—I only saw him this evening as he passed me—I was rowing—he was about a foot from me—I have no doubt of his being the man—I mentioned him to Judge.

JOSEPH HALL ( Thames police-constable. No. 56.) I saw the skiff come from between the tiers—I did not notice the men—I saw the oats floating down the water.

WILLIAM PIKE . I am a waterman. I saw the prisoner rowing down in side the tier at a quarter past six o'clock, and about ten minutes after I saw him row back again—I saw the bag overboard—I did not see any one chuck it overboard.

Cross-examined. Q. You knew the boat? A. Yes—I knew the men who were rowing it.

NOT GUILTY .

832. WILLIAM FRANCIS STEEL was indicted for stealing, on the 28th of July , I watch, value 1 l . 15 s .; the goods of Joseph Knowles , his master.

MR. BALLANTINE conducted the Prosecution.

JOHN KNOWLES . I am a silversmith and watchmaker, and live in Boling broke-row,

Camberwell-road. The prisoner had been in my service for about thirteen months—this is my watch—it was in my possession a week or a fort night previous to the 28th of July—about two months prior to the prisoner's being taken, which was on the 30th of Dec., I missed ten watches, and that was one of them—I mentioned this one, and described it to him—he said they were lent—he did not say to whom—he handed me three duplicates—he said one was of the gold watch which the lady had inquired after, and the others of two watches belonging to me—I took one of the duplicates to Mr. Bradbury's, saw this watch there, and obtained it from him.

Cross-examined by MR. PAYNE . Q. You are not a watch-maker? A. No—the prisoner was employed to repair watches for me, and he made one—I had not then known of his having pledged my watches—I have since ascertained that he had pledged watches from time to time—I do not know any instance of his pledging a watch, and taking it out—I remember a spring dial at a beer shop—I do not remember that being pledged, but I re member its being taken out—soon after the prisoner was in my employ I bought the duplicate of a spring dial of a person, and the prisoner said, "I have one, if you will redeem it," but I did not know it bad been pledged by him—I never knew he had pledged any thing—he did not take work home with my consent or knowledge—I remember a 3 l . lever watch—he did not take that home with my knowledge to put a new escapement—I employed him to make a new watch for Mr. Kay—I did not know that he took that home—I do not know how much he expended on that—I sold it for seven guineas—I did not pay him for it—the prisoner did not take home a watch of mine—I know there was a watch with eight holes in the shop for some time.

Q. And then as you did not pay the prisoner he took it? A. No, he showed me a watch, and said he should put my name on it, but I never saw it after—I do not know that when he was apprehended he was finishing a clock with a double dial at home; nor that I owe him any thing but for that little watch—I think he said it was 3 l . 15 s .—" Mr. Kay" is the prisoner's writing on the back of the duplicate he gave me—this is the watch.

MR. BALLANTINE . Q. Had this watch required any repairs? A. I hung it in a case to be repaired at the prisoner's leisure—I gave him no directions whatever to take it out of my house—he had no right to take it out—I had not paid what I owed him, because he set fire to my premises carelessly, and the damage done was 6 l . or 7 l .—he said he would pay me—he had not de manded the money for this watch—I asked him several times what it was—his tools are with me now—he may have them if he pays what is due—there is 2 l . 10 s . remaining due on a gold watch which he took away.

HENRY WILLIAM HALL . I am assistant to Mr. Bradbury, a pawnbroker in the London-road—this watch was pledged in the name of John Brown, on the 28th of July—Mr. Knowles took it out—this is the duplicate of it.

Cross-examined. Q. Do you know who pledged it? A. No, I did not take it in.

JOSEPH KNOWLES re-examined. This is the duplicate the prisoner gave me.

SAMUEL WRIGHT ( police-constable P 172.) I took the prisoner on the 30th of Dec. at the prosecutor's shop—I said it was for taking some watches from his master—he said he had done so, and he could not deny it—I then went to his own house—I saw a female there—I told her to turn out her pockets—the prisoner was present, and told her to give the duplicates up—I got several duplicates there, some from his wife, and some from his son, whom he sent up stairs.

Cross-examined. Q. Were you present when he gave up the duplicate

which relates to this watch? A. I was not—it was given up before I took him, I believe—I am sure the prisoner said he had taken the watches, and could not deny it.

COURT to MR. KNOWLES . Q. Had you made any charge against him before he gave you up these duplicates. A. I questioned him about a watch that a lady had called for, and then he gave me up the three tickets.

WILLIAM BEAL , a haberdasher in Bolinbrook-row; and George Wilkins, a carpenter at Brixton, gave the prisoner a good character.

GUILTY . Aged 40.— Transported for Seven Years .

(There were two other indictments against the prisoner; and the prosecutor stated he had paid 50 l . to redeem watches.)

Before Mr. Recorder.

833. RICHARD RAVENSCROFT was indicted for embezzlement.

MR. BALLANTINE conducted the Prosecution.

HANNALL CLARK . I live in Surrey-street, Strand. I had, on the 9th of Jan., purchased goods at Mr. Harvey's, in the Westminster-road, to the amount of 3 l . 18 s . 6 1/2 d .—on the 10th of Jan. they were brought home to me by the porter, but the prisoner is the person who saw the carpet mea sured, and I paid him 3 l . 18 s . 6 d . for the articles which I had purchased—I took a receipt from him for the amount—I told him I was going to the shop to purchase some drapery, and there were some little things which I had purchased at the shop, which I would pay for in a few days.

Cross-examined by MR. CLARKSON . Q. What day was this? A. On Tuesday, the 10th of Jan.—there was some sheeting and other things left, which he did not know the cost of—I paid 8 s . 1 d . for them on Monday the 16th—I paid the 3 l . 18 s . 6 d . at five o'clock in the afternoon.

JAMES NICOL . I am clerk to Mr. Joseph Harvey. The prisoner was in his service on the 10th of Jan. as a salesman—he had been there from two to three months—Mrs. Clark was a customer of ours—it was the prisoner's duty to receive sums of money, and to pay them directly to the cashier, and then to tell me of it, that it might be placed paid in the book—he did not tell me, on the 10th of Jan., that he had received 3 l . 18 s . 6 d . from Mrs. Clark—on the 16th he came to me, and said, "I have made a mistake, I wish you would put it to rights for me; I received the money from the customer in Surrey-street, Strand; and though I ought to have made it paid in the book, I omitted to do so; I wish you would do it for me now"—I said, as I had no doubt he had paid the money to the cashier, I would do so, and asked the amount—he said 3 l . 18 s . 10 d ., but he had only received 3 l . 18 s . 6 d .; that he had received it on the 11th, and paid it to the cashier on the 12th—he did not say which cashier—I then made inquiries of the cashier—the prisoner keeps a book in which he writes the various amounts he receives during the day—I referred to it on the morning of the 16th, after he had spoken to me, and found that no such sum had been entered—in the afternoon of the same day I found it had been entered—it had been interlined betwixt the two days.

Cross-examined. Q. Who is it that settles the accounts of the cashiers? A. They account, of course, to their employers—the money is paid by the young men to the cashiers—the 8 s . 1 d . that Mrs. Clark paid on the 16th was received by the prisoner—he came and told me it was received—he paid it in the regular way—I do not know whether it was late on the evening on the 10th that he went to Mrs. Clark—we shut up at eight o'clock, sometimes a little later—I do not remember his coming back on the night of the 10th—from the entries in my book it appears he did not account to me for any sum—it is my business to make things paid in the book, when I am satisfied that

the money is paid—there was nothing I made paid in the books on the 10th from the prisoner.

ELIZA WILLIAMS . I am a cashier, employed by Mr. Harvey. I was acting as cashier on the 10th, 11th, and 12th—in my absence for meals per sons act for me—I did not on either of those days receive from the prisoner 3 l . 18 s . 6 d .—I was there from five o'clock till eight on the evening of the 10th—I can say positively that 3 l . 18 s . 6 d . was not paid to me by the pri soner on any one of these days—it is my duty to see the cheque-book kept by the prisoner—the men call over their books at night, the money is counted by the cashier, who takes it to the bank in the morning—the prisoner's book is compared with the sheet of the day, and if he had paid this sum in that day, the money in the sheet would not have balanced, which it did correctly—it would have been 3 l . 18 s . 6 d . more.

Cross-examined. Q. Have you got your book here? A. Yes, and the sheet—my accounts are quite correct between the 10th and 16th—they never failed to balance on any occasion within a shilling or two—I keep on my paper an account of what each person pays on a small cheque—the prisoner paid me various sums between the 10th and 16th—the sheets will show it—this sheet is for the 12th—on that day I received various sums, amounting to 17 l . 2 s . 6 d ., as the sheet states—on the 11th I received 35 l . 1 s . 5 d ., and one cheque was 30 l .—on the 13th I received 11 l . 8 s . 5 d .—on each of these days I received some money from him, varying in amount, but not that sum—I swear he has never paid me more by mistake than he should—I think on one occasion I paid him more than I ought to have done, and he returned it

COURT . Q. Supposing him to receive several sums, are they separately entered, or only the total sum? A. They are separately entered—if he received 2 l . 10 s . and 1 l . 10 s . they would be entered as two separate items.

JULIANA BURTON . I am occasionally employed to receive cash during the absence of Williams—I did not receive 3 l . 18 s . 6 d . on the 10th, 11th, or 12th of Jan. from the prisoner.

Cross-examined. Q. Have you got your sheets? A. There are no sheets but these, and these would contain the amount of what he paid me as well as Wil liams—they are made up at the end of the day—these papers are in Williams's handwriting.

ELIZA WILLIAMS re-examined. The separate sums are put into his book, then they are added together, and the total amount is put on the sheet.

COURT . Q. Is there a book in which the prisoner's separate payments would appear, and to whom he paid them; would it appear how much he paid to each person? A. No, it would be proved by the sheet that the prisoner paid in the money—the book would represent the various sums he paid in, and this paper or sheet is the cash account of the day, under the names of all the persons paying in money—the total that each person paid—the fractional parts appear in the prisoner's book.

MR. BALLANTINE . Q. Look at this book kept by the prisoner; look on the 11th of Jan., and look at the sheet made up on the 11th, what is the sum of money apparently received from the prisoner according to the sheet? A. 35 l . 1 s . 5 d ., and the total in the book is 35 l . 1 s . 5 d .—it appears that 3 l . 18 s . 6 d . has been interlined after the 35 l . 1 s . 5 d .—if this 3 l . 18 s . 6 s . had been in the book when it was brought to me on the 11th, it would not have ap peared right—I should not have allowed the book to have been made up with an error of 3 l . 18 s . 6 d .—it is not added with either of the days—I did not on the 16th, or any day before the 16th, receive this sum.

COURT . Q. Do the book and sheets correspond on every day except the

days on which it is alleged he received 1 l . 13 s ., and 3 l . 18 s . 6 d .? A. They do within a few shillings.

MR. CLARKSON . Q. Is it a part of your duty to go through the book of each of the shopmen, for the purpose of seeing whether the tickets you have corresponded with the books? A. Either I or Mr. Hoskings do—it it more generally my duty to do it—I have since gone through this book from the 10th to the 16th—they correspond in all particulars, except these two items of 1 l . 13 s ., and 3 l . 18 s . 6 d .

ARTHUR WOOLF HOSKINGS . I have compared the books and the sheets—I count the money myself—3 l . 18 s . 6 d . has not been received from the 10th to the 16th—I have counted up the books, and find the 3 l . 18 s . 6 d . has not been paid—the sum of 1 l . 13 s . has not been entered on the 9th of Jan.—if that sum had been paid in the cash would not balance, and I find my cash right on all occasions, with the exception of 4 s ., 5 s ., or 6 s .—we cannot balance to a 1 d .—it is the duty of the young men to compare their books with the sheet every evening, but if a young man is out we have it done for him.

COURT . Q. When the prisoner pays in a sum, has he the means by his own book and the sheet, of ascertaining whether they have given him credit for it? A. No—he would give a bill at the cashier's desk—these bills are given to the customer—we see by the bill that the amount paid agrees with the sum paid up at the desk—each one has a cheque, puts the number of his book on it, enters that amount into the book, and puts the book back into its place—whatever he receives he must enter in his own book—that is a book that he had access to—in the evening the young man who is called comes and adds his book up to see what has been taken in the course of the day—the cashier says, "How much do you make your book?"—he says, "So much"—if it corresponds with the cheques it is passed-if not, the cheques are all called over one by one—the prisoner has to call it himself, to see where the error may be.

MR. CLARKSON . Q. If he received money and it has escaped him of put ting it in his book, what means have the owners of knowing he received it? A. Because he makes a cheque of it—if he does not make a cheque, it would of course appear in the book—we never allow any one to go away without making a cheque—if a man takes goods home he does not take the book with him.

Q. If he took goods to show, and they were bought, suppose he received the money and forgot it, what then? A. These goods are all entered before they go out, and the length of the goods are put down in the entry-book, and when he comes back they are compared to see that they are all right—the party who keeps that book does not let it go out—I do not know whether there is an entry in the approbation-book, of the goods sent to Mrs. Clark—whether it has been paid would not appear in that book, but he would have his memory refreshed by the circumstance of the approbation-book.

JAMES NICOL re-examined. Q. Does it appear by the entry-book that he took out goods to the amount of 3 l . 18 s . 6 d ., and that they had been sold? A. These had been sold previously.

Cross-examined. Q. Whose entry is this? A. It is entered by one of the junior hands, and posted by me into the ledger—the junior would get it from the communication of the prisoner—the reason this payment of the 10th of Jan. is run through is, the entry is copied into a smaller book, and then the pen is drawn through them—I said I would make this paid, but I did not till I had inquired—this 1 l . 13 s . was on the 6th of Jan.—I believe not by the prisoner, but by Goodman.

RICHARD GOODMAN . I am a salesman, in the employ of Mr. Harvey. On the 5th of Jan., the prisoner showed me a pattern of satinette, and gave me instructions to send thirteen yards to Mrs. Richards, of Greenwich, at 2 s . 6 d . a yard—I cut it off, and gave it to the prisoner—it came to 1 l . 13 s . 0 1/2 d .

JOHN HOUGHTON . I am in the upholstery department at Mr. Harvey's. On the 7th of Jan., I had some work to do at Greenwich—the prisoner gave me a brown paper parcel, and told me to deliver it to Mr. Richards, of Greenwich—I gave it to my man—he brought me back 1 l . 13 s ., which I paid to the prisoner, on Monday the 9th, between nine and ten o'clock in the morning—I said I had got some money for him—he said, "What is it for?" I said, "For the parcel you gave me to take to Greenwich"—on the fol lowing day, Tuesday, he asked me if I recollected what money I paid him the day before, as he had put it into his pocket with his own money, and did not recollect it—I told him a sovereign, a half-sovereign, a half-crows, and a sixpence.

Cross-examined. Q. Do you receive money? A. Occasionally—I some times pay it to the young men that serve, and sometimes to the cashier—I never was directed to pay the cashier—we consider it right either way.

SAMUEL BARNARD . I was directed to deliver the brown paper parcel at Greenwich—I delivered it to Mr. Richards, and paid the money to Houghton.

ELIZA WILLIAMS re-examined. This sum has not been accounted for either on the 9th or 10th—it is not in the prisoner's book on either of those days.

(The prisoner received a good character.)

GUILTY . Aged 25.— Confined One Year .

(There was another indictment against the prisoner.)

Before Edward Bullock, Esq.

834. THOMAS BROOKER was indicted for unlawfully uttering coun terfeit coin, knowing the same to be counterfeit.

MESSRS. CHAMBERS and CHARNOCK conducted the Prosecution.

ELIZAWILLIAMS . I am the wife of Samuel Williams, a cow-keeper, in the Old Kent-road. On the 13th of Jan. the prisoner came for a penny-worth of milk—I served him a halfpenny-worth by mistake—he gave me a shilling—I told him it was bad—he said he did not know it, he would go and get me 1 d . for the milk, if I would take the mug of milk and give him the shilling—I said I would not return the shilling, but detain him—I sent for an officer—the prisoner walked out of the yard till he got round the corner, then he ran—he left the shilling in my hand—I called a policeman, gave him the shilling, and he gave it me back again—I put it on a shelf, and the next morning I marked it and gave it to the officer.

ANNE MARIA BROWN . I live with a cow-keeper, in Great George-street, Bermondsey. About nine o'clock in the evening of the 13th of Jan. the pri soner came for a halfpenny-worth of milk—I served him—he gave me a shil ling—I took it to my master—I am sure I gave him the same shilling.

MARK DUCKETT . I am Brown's master—she gave me a shilling on the 13th of Jan.—I marked it and gave it to the policeman—I came out and saw the prisoner in my shop, and said, "We have been taking some bad money; I am doubtful whether you might not have been passing some here"—he said he had not—I sent my man fora policeman, and gave him in charge—I went

into a shop in the neighbourhood to weigh the shilling—it proved a bad one—the prisoner said he lived in a street just by the lamp-post.

THOMAS RAWLEY ( police-constable M 269.) I took the prisoner on the 13th—I produce the shilling given me by Duckett.

MR. JOHN FIELD . These are both counterfeit, and both cast in one mould—this last one is very easily detected.

GUILTY . Aged 27.— Confined Six Months .

Before Mr. Common Sergeant.

835. GEORGE FOULCHER was indicted for stealing, on the 14th of Jan ., 1 pair of boots, value 15 s ., the goods of Edward Neale .

WILLIAM DUNFORD . On the 14th of Jan. the prisoner put up at my mas ter's stable—I missed a pair of boots, an hour after he was gone, belonging to Edward Neale, my master—these are them—there was no one in the stable but the prisoner and me.

WILLIAM SMITH . The prisoner came and asked me to buy the ticket of these boots—I said I had no money, but he put the ticket into my waistcoat-pocket—three days after that I heard of the boots being stolen—this is the ticket.

JAMES CLIPSON . The prisoner lodged with me. On the 15th of Jan. he said he had an excellent pair of boots to sell—he brought them from the boot of his coach—these are them—I did not buy them.

ROBERT ADAMS ( police-constable E 109.) I took the prisoner, got the ticket from Smith, and these boots from the pawnbroker.

Prisoner's Defence. I brought a man from Norwood, and put him down at the corner of Westminster-bridge; I bought the boots of him for 4 s .

GUILTY . Aged 25.— Confined Four Months .

(There was another indictment against the prisoner.)

ADJOURNED TO MONDAY, FEBRUARY 27 TH , 1843.
