Australian Convict Ship Project

Genealogical Research into the Crew, Convicts and other Passengers travelling on Ships to Australia during the convict era.

Notes


Matches 1 to 50 of 312

      1 2 3 4 5 ... Next»

 #   Notes   Linked to 
1



High Court of Justiciary Trial Papers - Search ResultHelp
Title Trial papers relating to William Hogg
Name William Hogg
Role Accused
Age 58
Approx Birth Year 1790
Crime Theft and previous conviction
Trial Date 11 October 1848
Trial Location Perth
Verdict Guilty
Sentence Transportation - 7 years
Previous Convictions Theft
NRS Reference JC26/1848/123
Related Documents
AD14/48/270 
HOGG, William (I1331)
 
2

Court Transcript:

HENRY HUGHES , stealing 1 purse, value 3s.; and 2 sovereigns; the property of Richard Simmons, from the person of Elizabeth Simmons; having been before convicted.


ELIZABETH SIMMONS I am the wife of Richard Simmons. On the 14th April, about five in the afternoon, I was in the Waterloo-road with Ann Simmons—I heard a halfpenny fall—I turned round to look, and felt a man pull his hand out of my pocket—I missed my purse containing two sovereigns—to the best of my belief it was the prisoner.


ANN SIMMONS I was with my cousin, and saw the prisoner at her pocket—he ran down Grove-lane—a halfpenny fell, I picked it up.


Prisoner Q. Did you see my hand in her pocket? A. No, but I saw you at her side, and nobody else was there, and I bad noticed you before, it happened standing at the corner of St. Andrew's-terrace—I am sure of you, I picked you out from others—I only saw your side face.


JOHN SMITH I saw the prisoner run down a lane—I knew him before—it was about five o'clock.


WILLIAM ROMAINE (policeman, L 38). I took the prisoner.


Prisoner Q. Were not you talking to the waiter at a public-house the evening before you took me? A. Yes; if I had seen you then I should have taken you.


JAMES BURTON (policeman, M 272). I produce a certificate of the prisoner's conviction—(read—Convicted April, 1845, confined six months. and whipped)—he is the person.


GUILTY .** Aged 22.— Transported for Seven Years ,


Before Edward Bullock, Esq 
HUGHES, Henry (I1845)
 
3

Court Transcript:

WILLIAM NEWTON ALLNUTT , for the willful murder of Samuel Nelme; he was also charged on the Coroner's Inquisition with the like murder.

MR. RYLAND conducted the Prosecution.

MARIA BUCHAN. I went into Mr. Nelme's service on 22nd Oct., the Saturday before his death, and remained there till after his death; he lived at 2, Grove-place, Hackney—I saw him on the Saturday evening; he did not complain of being ill at all—I saw him on the Tuesday evening, he was not very well, and was going to have some gruel—Mrs. Allnutt made it, and gave it him—I did not see her make the gruel—she said she was going to make some—I did not hear him ask for it—I went into his room between six and seven o'clock on Wednesday morning, and afterwards, between seven and eight, was desired to go for Mr. Toulmin, the medical man—he came directly he was dressed, and saw him again about twelve or one—Mr. Nelme did not leave his bed all day—Mr. Toulmin came again between four and five—Mr. Nelme was then dead—the family consisted of Mr. Nelme and Mrs. Nelme, who is an elderly lady, Mrs. Allnutt, and the prisoner—there was a servant, named Keziah Billings, besides me—there was a charwoman, Mrs. Parry—she slept in the house on Saturday and Sunday nights, and went away on Monday, when Keziah Billings came in her place, she slept in the house on Monday night, and has remained there until now—there was no other person in the house—before the Saturday, I had only been to the house when I went to engage myself for the situation—I had some conversation with the prisoner on the Sunday, the day after I went into the service—he came into the kitchen, brought some pears to be baked, and asked me if I did not think his grandfather would die suddenly—(the prisoner was the grandson of Mr. Nelme, and the son of Mrs. Allnutt, who is the daughter of Mr. Nelme)—I said I did not know, as I had not been in the house long—I asked why he asked me such a question—he said his grandfather would die suddenly, as his eyes looked queer.

Cross-examined by MR. BALLANTINE. Q. Had you any further conversation with him to the Sunday? A. No; he brought the pears to Mrs. Parry; she did not hear the conversation; she went into the scullery—he had no other conversation with me—after saying that, he went out of the kitchen—he did not say any more—I am quite sure the expression he used was, "die suddenly; "I think he said, "go off suddenly;" as near as I can remember that was his phrase—I had not heard that remark made by anybody else in the boy's presence.

FRANCIS TOULMIN. I am a surgeon, residing at Hackney, and have known the late Mr. Nelme many years—I was first called in between seven and eight o'clock in the morning, and he died, as near as I can ascertain, between four and five in the afternoon—I had not attended him since I cut off his arm, I believe, in 1837—I was in the habit of attending the family, Mrs. Nelme being in bad health, as well as the daughter—the morning I saw him he described himself as suffering great pain in the bowels, and having been very sick, and having been purged—I thought him extremely ill, wrote a prescription, and they sent it to be made up at our surgery—I promised to see him again in a few hours, I saw him again between twelve and one; he had then taken two of the draughts, and I directed him to have some beef tea and a little brandy and water—I was afterwards sent for urgently, and went immediately, between four and five, and found he was dead—I afterwards, by the direction of the Coroner, opened the body—he was about 73 or 74 years of age—I amputated his arm in 1873. in consequence of an accident, and he told me then he was 62 or 63—the draughts I gave him did not contain any arsenic—I did not, on the post mortem examination, discover anything that caused me to suppose he had come to his death by foul means—the first examination I made was on 29th, forty-eight hours after his death—I discovered nothing that led me to suspect the presence of poison, but it may be right to observe that the contents of the stomach, the stomach itself, and other parts, were removed expressly for the purpose of chemical analysis, so that I had not the opportunity of judging altogether of the post mortem, appearances—the contents of the stomach were placed in a jar, and the stomach in another jar; the intestines were secured at either extremity, and placed in a jar, with a portion of the liver; the jars were all sealed—I can hardly recollect what was in each—there was one small one and two large ones—I did not seal them myself, or see them sealed; my partner, Mr. Hacon, took charge of them; he kept them till I called for them in my carriage on the Sunday morning, and we took them, together, to Dr. Letheby—on 1st Nov., I was sent for to Mrs. Nelme; she had been sick—I received from her some arrow-root and pounded sugar—I requested to have them, and placed them in different papers, and took them away—I did not make an experiment on the arrow-root; I endeavoured to dissolve the sugar in cold distilled water; it would not dissolve—I delivered the rest of the sugar to Dr. Letheby, at the London Hospital—he made some experiments on it in my presence—it was pounded lump sugar—he told me it contained a considerable quantity of arsenic—I was not present when he made the experiment on the liver, the contents of the stomach, and the intestines—all I know on the subject is, from Dr. Letheby's evidence before the Coroner, which I heard, and attended to, and from which, I have on doubt, Mr. Nelme died from arsenical poison.

Cross-examined. Q. I believe, until you heard that evidence, you were under the impression that he died from some form of cholera? A. Until I found arsenic mixed with the sugar, I had no reason to believe but it might have been a natural death—I believed it to have arisen from some sort of cholera, until arsenic was found in the stomach—the arsenic in the sugar would not have assisted me, only from the history of the case, unless I had heard that some was found in the stomach—one or two jars were brought from my surgery by Mr. Hacon, and the small one from the kitchen below by the undertaker, it was brown earthenware—they were placed on the table—I saw them carefully washed out with boiling water, and scrubbed out—to the best of my belief they were perfectly cleansed—great care was taken on the point, with the third jar particularly—it was washed in my presence—earthenware does not contain any free arsenic; I mean, none that can be dissolved by any ordinary matters—I do not think it possible that the stomach contained dissolving material—I attended the prisoner professionally some time last year—he had two abscesses of a scrofulous kind, one on the cheek and one on the back—they were extremely obstinate—it is a disease of a constitutional character, and may show itself anywhere—it might affect the internal organs—it might do so without being suppressed externally—I have frequently seen scrofulous disease of the brain—it a disease of that kind should attack the brain, it would be calculated to affect the intellect—I do not recollect seeing any wound on his head; my attention was never called to it—I understand he is under twelve years of age—he appears to me to be about twelve, but I should say he is rather diminutive.

EDWARD DENIS HACON. I am a surgeon, in partnership with Mr. Toulmin. I knew the late Mr. Nelme by sight—I did not attend him professionally—I assisted on the 29th, when his body was opened by Mr. Toulmin—I saw no decided appearances which would lead me to suspect the presence of poison—I saw nothing from which I could form a decided opinion—I saw appearances about the gullet and stomach which might be produced by poison or other causes—I assisted in preserving the contents of the stomach, the intestines, and a portion of the liver—they were placed in three jars—the contents of the stomach in the smaller one, and in the two larger ones the small intestines, with their contents, tied at both extremities; the large intestines tied in the same way, the empty stomach, an a portion of the liver—I sealed them, kept possession of them, and delivered them to Dr. Letheby on the Sunday morning following—I did not witness the analysis made by him—I had seen the jars carefully washed.

HENRY LETHEBY. I am physician, and lecturer on chemistry at the London Hospital. On Sunday morning, 31st Oct., Messrs. Toulmin and Hacon called on me with the three jars—the smaller one, which was put into the larger one, contained the contents of a human stomach—the other large jar contained the stomach, the intestines, and a portion of the liver—the jar into which the smaller one was put contained nothing—the intestines were secured by strings, to keep the contents within them—on the following day Mr. Toulmin called on me at the hospital, and gave me two paper parcels, one containing arrow-root and the other pounded sugar—I analysed all those matters—I used tests of my own, which are known only to a few—they are known tests, but somewhat modified—I can state that there was not any material used that contained arsenic, inasmuch as experiments were performed with portions of sheep's liver, and so on, which did not yield to the same reagents any indication of arsenic—the contents of the stomach were first put into a retort and distilled, and about three tea-spoonsful of liquor distilled from it—those three tea-spoonsful were tested for prussic acid, without giving any evidence or indication of that poison—the remainder of the contents of the stomach were evaporated nearly to driness, then digested in about half a pint of alcohol, then about half a pint of alcohol poured upon this nearly dry deposit—this alcoholic solution was then filtered, and then tested for lead, corrosive sublimate, copper, and beryta, all of which are poisons; also for opium, nux vomica and oxalic acid, but without being able to detect either of them—the remainder of the contents of the stomach not dissolved by the alcohol was then boiled in water and tested for arsenic, by which means I was enables to detect that poison, a portion of which I produce in a metallic state—it is the small metallic ring in this tube—(produced)—that is only a portion of what I discovered; the other has been subjected to analysis—the liver was then tested for arsenic, and that gave similar results—I then proceeded to analyse the arrow-root, but did not detect any poison there—I then analysed the coarse white sugar, which amounted to four ounces and a half, and out of that I was enabled to obtain this, which is rather more than half an ounce of white arsenic—I afterwards examined a portion of the brain, which was given me by Mr. Toulmin three of four days afterwards—I cannot remember the day—it was at one of the sitting of the Coroner's Jury—I analysed that, and detected a trace of arsenic in the brain—I did not weigh the quantity of arsenic I found in the stomach, but in my judgment I should say I detected about four grains of white arsenic in the stomach, liver, intestines, and brain altogether—I weighed one portion, and from that obtained rather better than two grains and a half, nearly three grains, of white arsenic in the intestines—I think that would be sufficient to cause death—I can form an opinion, from discovering arsenic in the liver, how long the patient had been under its influence—I may be wrong, but I am of opinion that the deceased had been under the influence of arsenic of few days—I am speaking from my experience in similar cases—from the time it takes to get arsenic into the system, I think he must have had it in him for about a week—that which was contained in the intestines might have been taken recently—I should say he had taken if very recently before death—in my judgment the arsenic was the cause of death.

COURT. Q. Supposing arsenic to be taken in that sort of quantity, would the result be likely to be death, and attended by pains in the body, sickness, and purging? A. It would—I have heard the symptoms described by Mr. Toulmin as being apparent on the Wednesday—those are the symptoms of death by arsenic.

MR. TOULMIN re-examined. I gave Dr. Letheby a portion of the brain of the deceased on 4th Nov.—I had opened the head on the 3rd—I put that portion of the brain into a clean glass phial, and give it to Dr. Letheby in precisely the same state in which I took in from the body.

DR. LETHEBY cross-examined. Q. Three were indications of arsenic in the brain and liver, you say? A. Yes—I supposed that had got into the system much more remotely than a day or two—in my opinion it must have got into the system some days before—I should tell you that there are circumstances which are connected with the formation of that opinion, which it is necessary you should know, or it may mislead you; in the course of my inquiries, in some hundreds of cases, I have found it a rule, when arsenic is detected in the brain and liver of animals, that the animal has been for some time under the influence of that arsenic, but there are exceptions to the rule; taking the rule, I am of opinion that he was under its influence for some time—I do not speak of the rule as infallible, but as a general one—I should be disposed to think he had been under the influence of arsenic a month, still bearing in mind that I am guided by that general rule.

COURT. Q. Suppose a patient had died from arsenic, and the body being afterwards opened arsenic was discovered in the liver and brain, as in this case, and you had known that he had apparently been in good health for a month or week preceding, what would then be your opinion, from your experience? A. My opinion would then be the reverse of that I am now expressing—at the time I gave evidence as to the arsenic in the liver, I knew nothing of the circumstances—if the case was so, I should say he had been under the influence of arsenic within twenty-four hours—it generally taken some time for arsenic to get into the system—it may be quicker or slower.

MR. BALLANTINE. Q. Is not arsenic occasionally administered as a medicine, and in such doses as would not exhibit any external signs of it? A. Not to accumulate in the liver to the extent I found here—I have examined the liver of parties who have been under the influence of arsenic for same time—I do not think that if arsenic is taken medicinally, in small quantities, from time to time, it would get into the system gradually and so exhibit the appearances I found in the liver and brain, without creating palpable signs of a in the patient—I think that, generally speaking, arsenic is got rid of from the system almost as flat as it is given, when given in such small doses as not to produce any serious illness or strong marks—it is administered in certain diseases of the skin—it is a common remedy for such diseases—it generally passes off with the urine—it is the duty of the kidneys to get rid of any such poison—there would be always some to be found in the liver, but not to such an extent as I found here.

SARAH NELME. I am the widow of the late Samuel Nelme—he was in his seventy-fourth year—he died at 2, Grove-place, Hackney—he had very good health of late years—about two or three days before his death he complained of illness—I attended upon him entirely—he first complained on the Friday before his death, which was on 27th—we thought it was nothing more than a cold—on Tuesday night, 26th, he complained of sickness for the first time—on Wednesday morning he took a cup of tea, and about eleven o'clock he had a little beef tea—that was not prepared in my presence, but by the servant in the presence of a friend, Mrs. Simpson, who was staying with us—she poured it out herself—there was a sugar-bason that was used in the family—Mr. Nelme generally used that sugar more than any-body else—the sugar-bason was generally produced after dinner, with fruit—it contained powdered sugar—Mr. Nelme always ate some of the sugar after dinner with his fruit—it was kept in the sideboard closet—the prisoner was in the habit of seeing that sugar-vase on the table, and used by his grand-father—I think Mr. Nelme did not partake of that sugar on the Tuesday afternoon, for he did not eat any fruit then—I do not think he took any fruit on the Monday, or any sugar—he took nothing on the Monday or Tuesday, which I prepared for him, which contained sugar—he had part of a mutton-chop on the Tuesday—he had no gruel or arrow-root on Tuesday or Wednesday—the last time I recollect his partaking of sugar out of that vase was on the Saturday—I had not used any of that sugar shortly before his death—I never used it—I took no arrow-root shortly before his death—on the Monday after his death I took some—I sweetened it with sugar out of that vase—it did not agree with me—the sugar-bason had been in the sideboard closet during those few days—it was produced as usual, after dinner, every day—I did not deliver the sugar-dason to Mr. Toulmin, Mrs. Allnutt did, I believe—I am not her mother, but her mother-in-law.

MARIA LOUISA ALLNUTT. I am the daughter of the late Mr. Nelme, by a former wife—the prisoner is my son—he was twelve years of age last Oct.—I have several sons—my father was in the habit of having arsenic in the house to kill rats—the prisoner know that—the prisoner has seen it used for that purpose—one day, the week before my father died, the prisoner asked me what arsenic was like; I said it was like flour—the conversation began by his inquiring about a lady, a friend of mine, who had taken laudanum, and he was rather surprised that she had taken it, because he thought it was poison—he then asked me about arsenic—my father kept the arsenic in a bureau, in the back parlour—I believe there were two keys to that bureau, but I do not know anything about them—it was kept locked—I knew the sugar-vase that was used in the family—I believe it was last filled on the Friday morning previous to my father's death; my mother filled it with pounded sugar—I took my meals with my father and the family—I recollect my father taking some sugar out of that bason, with some baked apples, on Friday night—the last time I remember his using that bason, or having sugar out of it, was on Sunday afternoon, after dinner, with baked apples—he generally took a great deal with his fruit—I made some gruel for him on the Tuesday night before he died—I sweetened it for him out of that sugar-bason—I ate some of it myself the same night—I felt very sick after it—I did not vomit—I had had bad health for some time before—I remember my stepmother being sick on the Monday after my father died—she had taken some arrow-root—Mrs. Simpson had prepared it for her—she vomited; but I did not see her, because I was in another room—I was ill for a fortnight, and am suffering from the effects now—I was sick for three days, and was paralysed.

Cross-examined. Q. How long has your husband been dead? A. Two years last Sept.—he died at Hastings—he ad been rather in the habit of drinking for some years before his death—for two years before be died he was subject to epileptic fits—at the latter part of his time they increased in frequency—he died in a state of complete madness—he was thirty-seven years old—there were occasions, when these fits were not on him, that he was exceedingly violent—I did not know any other members of his family—I was in a very poor state of health previous to, and at the time of the birth of this boy—I had a good deal of trouble. and my mind was very much affected indeed—I did not notice anything particular about his head when he was born—before he was a year and a half old he had a fall on a ploughshare—he was very ill when he was first brought in, and we thought he was dead—that was not followed with any particular illness—he bled very profusely from the cut—I should think he was in a state of insensibility, as he did not cry—the cut was across the top of his nose—it was cut open, I believe—he has shown scrofulous habit lately, but I was not aware of it, since he had the ringworm in Dec., 1844—it was a very obstinate attack of ringworm indeed, and lasted till Oct., 1846—I have had a good deal of trouble with him, and have on several occasions been obliged to remonstrate with him—I have children older than him, and know the general disposition of children.

COURT. Q. You mean you have had a great deal of trouble with him as to his morals? A. Yes, and his health too—when I remonstrated with him it was for misconduct.

MR. BALLANTINE. Q. Has he then appeared to understand you? A. I should say he understood it, but it made no impression on him—he showed no shame about it—he said that he did not feel he was doing wrong—since he had a fall on the ice in Jan. last, he has frequently for the time been unable to talk—he has been worse in his conduct since then—I did not notice that he became immediately worse—I think it was not till two or three months after—I did not see him till about half an hour after he had had the fall—I only heard of it; but I was much shocked when I saw him—I was not at home at the time—he looked as pale as possible, and very queer and bewildered—he looked vacant, that expression struck me immediately—he had not inflammation of the brain, but he complained of headaches very much; and from his appearance I should say he suffered very much from them—when I have remonstrated with him for doing something wrong, he has told me that somebody told him to do it; that somebody seemed to say to him, "Do it, do it, you will not he found out;" that they talked to him in his head—latterly he has said that frequently, within six weeks of the present time—I have not heard him complain of it before his grandfather's death—it was when I remonstrated with him about a watch that he had taken—that was after my father's death—he said voices in his head whispered to him to do it—it was long before that that he suffered from headaches—he is in every respect different from my other children—I have had great trouble with his health as well as his moral conduct, since his accident; and had great difficulty in rearing him—when he was very young his health seemed pretty good—he has walked in his sleep, and I have heard him halloo very loudly in his sleep, as if something had frightened him.

MR. RYLAND. Q. Is this letter in the prisoner's writing? A. Yes—(looking at it)—Keziah Billing is not here—she came into the service about the time of my father's death, and is there still.

COURT to DR. LETHEBY. Q. Are you able to say whether walking in the sleep is indicative of a disordered mind? A. Yes, of a disordered state of the brain; but it may be produced by the state of the body, by a foul stomach—anything which would give rise to a disordered state of the stomach might, perhaps, cause a sensation of a disordered brain—fancying sounds in the head may be indicative of unsoundness of the brain—calling out in the sleep may be caused by a disordered stomach—it is possible that a violent blow across the nose, quite at the top, such as has been described, might cause such mischief to the brain, as to give rise to an alteration in its formation—a fall on the ice might do so, I cannot say that it would—ringworm is a species of scrofula—scrofula very often disorders the brain.

MARY PARRY examined by MR. BALLANTINE. Q. Do you recollect at say time saying in the prisoner's presence that Mr. Nelme looked as it he would die suddenly? A. No—his grandfather had been sick, I asked the prisoner how he was—he said he was very poorly, and said he thought he would go off suddenly—I said, "I do not know, my dear, he has very good health, but it does happen so sometimes"—he said he thought so, because his grandfather's brother died suddenly—I did not tell him I thought he would die suddenly; that is a mistake—his grandfather had been sick on the Sunday as I left on the Monday—he had come for some hot water, for some brandy and water—I did not see him—I heard so—Mrs. Al nutt told me he had been sick; I mean vomiting.

MR. RYLAND. Q. Did not the boy tell you something about his grandfather? A. He came to bring some pears, before he went to church—it was after dinner at five o'clock that Mr. Nelme was sick—the prisoner did not tell me so, it was Mrs. Allnutt—he came down with her and then left the kitchen, and came down again—I asked him how his grandfather was—he said he was sick as yet. and said he thought his grandfather would go off suddenly—it was after five o'clock—I never told him I thought his grandfather would go off suddenly.

JOHN CASS WALLER (police-inspector V.) I had the prisoner in custody at one time.

Cross-examined. Q. He was charged with stealing a watch? A. Yes, on 9th Nov., when I took him, he said, "Pray forgive me, I was tempted to do it"—I asked who tempted him—he said no person, but a voice appeared to tell him, "Do it, do it, you will not be found out."

WILLIAN DEVONSHIRE. I am one of the turnkeys of this gaol, and have been in attendance on the prisoner—on Monday afternoon, 22nd Nov., he asked me for pen, ink, and paper—I furnished them to him—he was writing two or three times when I went to him—on Tuesday morning he gave me this letter (looking at one)—he told me to take it down, to be sent out—it was going to be sent to his mother—I did not see a second letter—it was all doubled up in one.

Cross-examined. Q. When did he come into the gaol? A. I cannot tell—he was at the church on the preceding Sunday—I believe Mr. Davis was with him after that—it was my duty to show the letter to the governor—(It being suggested that the letter might have been written under the influence of Rev. Mr. Davis, the Court was of opinion that he should be called.)

THE REV. JOHN DAVIS. I am chaplain to the goal of Newgate. The prisoner heard me preach on Sunday afternoon, 21st Nov., after which, I had an interview with him, to announce that the Coroner's warrant was lodged against him for willful murder—that was part of my duty, as laid down by the Court of Aldermen—I saw him for that purpose, and then added general instructions as to his religious exercises.

Cross-examined. Q. The boy in this letter attributes to you to say, that if he did not confess, God would not forgive him? A. No doubt I told him that unless he confessed his sin to God he could not expect forgiveness from God—I said "confessed his sin to God."

Q. Taking the greatest possible care that he should not imagine any other confession? A. No other allusion was made—I did not tell him I was sure be had done it; I did not believe he had done it—I did not tell him he had better confess to his mother; his mother's name was not mentioned in the interview—I never asked him if God was to strike him dead where would his soul go to; nothing of the sort—what he has stated is the imagination of his own brain altogether; it is an invention—he has been guilty of telling a vast variety of falsehoods; they have been denials of his guilt, which he has afterwards confessed.

Q. Have you found him, on other points, a boy who did not understand the distinction between truth and falsehood? A. He is a very clever boy in some things—in most things he is a boy of very superior ability—there was nothing to lead me to think he did not know the difference between falsehood and truth—(letter read)—"My dearest Mother,—As you cannot come to see me, I hope you will write to me, and tell me what I ought to do to get forgiveness for what I have done, for I know I have sinned against God, and I deserve to be cast into hell; but what is my only comfort is the Bible, for our Lord says, 'If ye repent I will forgive you; if ye seek me ye shall find me, for he that cometh unto me I will in no wise cast out;' therefore I hope for forgiveness, for I will put on a fresh cloak, and I will cast the one I have got on off from my back; and although my sins be as scarlet they shall be as white as wool; I will cast off all my evil ways and put on better. Mr. Davis preached a beautiful sermon on Sunday; he took it from Pro. xvi., begin at the sixth verse: 'By mercy and truth iniquity is purged; for fear of the Lord men depart from evil; and after service time he told me that if I did not confess what I have done, God would not forgive me, and every one was sure I had done it; and he told me that if God was to strike me dead where would my soul go to; therefore, dear mother, I have no one to blame but myself. If I had only attended to what you were teaching me I should not have come into such a place; but Satan had got so much power over me that I had two dreams this night; I will tell them to you. I dreamed that if I did not confess what I had done God would not forgive me, and I should surely die, and that God would cast me into hell; and if I did confess it, God would forgive me, and if I turned away from my wickedness God would take me to heaven when I died: and Satan tried to make me not confess it, and that if I did confess it I should be cast into hell; but I turned away from him, and said, 'I will confess it, or else God will not forgive me; and I mean to turn away from my wickedness.' And then I awoke and perceived it was but a dream; but I soon feel asleep again, and I had another dream: it was about the resurrection. I felt so happy whilst I was dreaming it. I dreamed there was God seated on his throne, and Satan was on the left hand, and God called us all up, and asked us a question; it was an English word to make French, and those that had confessed all their sins, and had left off all their wickedness, he said to them, 'Come ye into my kingdom, which I have prepared for you;' and he said unto those on his left hand, 'Go ye into the furnace of fire prepared for Satan and his angels.' I dreamed I was happy, and you, and all my brothers and sisters; but I hope done what I am accused of. How I got the poison was this: on the 20th of Oct. grandfather went to his desk for the key of the wine-cellar to get some wine up and to look over his accounts; and whilst he was gone I took the poison out, and emptied some of it into another piece of paper, and put the other back; and then after dinner I put it in the sugar-bason; and why I did it was I had made grandfather angry with something I had done, and he knocked me down into passage, and my head went up against the table and hurt it very much, and he said next time I did it, he would almost kill me; but in future I will say the truth and nothing but the truth: as grandfather said, 'Truth may be blamed, but cannot be shamed.' But if I am transported I know it will be the death of me, therefore I hope they will pardon me. What is the punishment of man to the punishment of God? It is an awful thing to fall into the hands of the living God. I dare say you will not believe the dreams, but I assure you it is the truth. With kindest love to you and all at home, believe me, ever your affectionate son, W.N.A.

MR. GILBERT M'MURDO. I am surgeon to the gaol of Newgate, and have had opportunities of seeing and conversing with the prisoner since he has been in goal until the present time—I do not recollect when he was committed—I have seen him almost daily—I have conversed with him continually, and have watched him with a view of ascertaining his state of mind—I have heard the letter read—I have not observed anything about him which induces me to doubt his being of sound mind—during the time I have seen him he has appeared to me of sound mind—the evidence to-day does no alter my opinion of his sanity.

Cross-examined. Q. You have not, I believe, particularly studied matters of this sort? A. I have been obliged to do it, in connexion with this prison, but not besides that—it has been made a branch of itself for many years—there are many distinctions and forms which insanity takes, not at all apparent to ordinary observers—I heard Mr. Toulmin examined, and heard his statement that the boy was suffering from scrofula—I do not agree with the other gentleman examined, that scrofula is very liable to affect the brain, not to that extent—I differ with him—I believe that in cases of scrofula a person's brain may be out of order from extreme debility—I have not seen any madness result from it.

Q. Am I to understand that the only way you would imagine scrofula would affect the brain would be to affect the general system? A. There might be scrofulous tubercles in the brain—it would depend on the extent of the tubercles whether they were externally manifest, tubercles have been supposed to exist some years without being discovered—it is not within my experience that scrofula driven inwardly is liable to produce a certain character of insanity—I have not met with a case in which scrofula has affected the brain direct—when I say his mind is perfect, I do not consider it in the same way as I should consider the mind of a grown-up man—I have reasoned with him and talked with him—I found his reasoning correct—there has latterly been a great distinction made between what is called a disease of the mind and moral insanity.

Q. Am I right in supposing that almost in every case of insanity the moral faculties are the first to be implicated in the disorder? I am putting the question from Dr. Winslow's book, which I conclude is one of high authority. A. I have read it, it is not of very great authority, but I should be sorry to detract from it—I should consider that in an infant the mind is rather a matter of feeling than of understanding—they understand from others that a thing is right or wrong, and do not reason upon it—I consider Dr. Conolly a person of very high authority—my opinion is that the prisoner shows no indications of insanity whatever—I expressed the same opinion in the case of Ovenstone—he was decided to be mad—Dr. Conolly and I both said that Ovenstone was sane at the time—I was asked my opinion whatever he was sane at the time of the commission of the act—I do not give my opinion on that subject now, but only speak of the time I saw the prisoner.

COURT. Q. Did the boy appear to you to be a person capable of distinguishing between right and wrong? A. Yes—I have not reason to say that at some former period he was unable to do so, and I have taken special pains to come to a right judgment—it is impossible to say he was not insane at some former period, but there is not indication of it at present.

SUSANNAH NALDER. I was next-door neighbour to Mr. Nelme at the time of his death—I know the prisoner, and have seen him several times since he has been in Newgate—he handed me this letter last Friday, and asked me to give it to his mother—I thought it my duty to give it to the Governor—(letter read) "My dearest Mother,—I am very sorry that you cannot come to see me. I am suffering very much in my mind for the number of sins I have committed, but I pray to God to forgive me my sins through Jesus Christ; but if God will not forgive me; but it makes me very miserable to think that I shall be cast into hell. I feel I am in the depth of sin in its true light. I did not before when I was at home; I gabbled my prayers over without thinking the least of them. Oh, I am an ungrateful child, but, dear mother, pass it over, and look for the future; I know my sin is very great indeed, but God is able to wash me clean through the blood of Jesus Christ. Oh, I shall be either hung or transported from all my dear friends, but, what is my comfort, I cannot be separated from that precious friend. God's will be done what punishment I am to have, but if it please him to grant me a little longer life I will endeavour to walk in his righteousness, and never to break any of the least of his commandments. Continue to offer up your prayers for me. I continue to pray for you and myself six times a day and night, as my mind stops me from sleeping. Oh, mother, comfort yourself by looking up to God. Never can I be happy again till I feel myself relieved of my sins, which God alone can wash away. I have such fancies at times, When I am reading, or lying down at night, I fancy I can see some one; and it does startle me so, and makes my heart beat so; and when I look, I see no one; and I lay down again, and I fancy I can see it again; and I get up again, and ask it what it wants. It mutters something, but I do not know what it says. I do not say it to frighten you, dear mother. I have had it like it for some time, and before grandfather's death, only I did not like to tell you of it, because I knew it was only my fancy. It is not story I assure you, dear mother. It is what I fancy. I felt quite overwhelmed to think I am such a sinful and an ungrateful child I have been to you for your great kindness to me. I can never repay you for it I am sure. It makes me very ill indeed, when I look back, I feel I shall go out of my mind at times, but I will try, by God's help, to conquer my unruly temper, I think I must have been mad to have done what I have, or else I do not think I could have done it. Mr. Goodchild was kind enough to come and see me on Saturday. He recommended me to a prayer in the Communion Service. I hope you are better than when I heard from you last. God's blessing be upon you, and bring you through this heavy trouble. I am sure I shall not have strength to bear up against it; my heart feels ready to break; but I must not murmur against the God who sends us this trouble for some good or another; besides, I have brought it all upon myself, and I deserve to suffer; therefore I can only say, 'God's will be done, not mise.' Look at our blessed Saviour; what agony did he suffer when nailed upon the tree; and yet, when on the tree, he prayed for his enemies; he never murmured. Now, again; Joseph was sold to those merchantmen. God ordered it to turn of out for some good. King Pharaoh would not have known how to provide against the famine if he had not have been sold. So you see it is very wicked to murmur against God. Let our troubles be ever so afflictive, God orders them to turn out for good. So learn to be patient. Therefore, dear mother, do not make yourself ill because of me, if I am transported. I will bear any punishment he inflicts upon me. He will help me through all my troubles, if I turn to him with all my heart. He sees me wherever I go, either in the dark or light. I will look up to him in all my troubles, and he will guide me to that heavenly kingdom where moth nor rust doth not corrupt, nor thieves break through nor steal. Where your treasure is, there will your heart be also. Let me have the Bible. Never before this time did I value the Bible, the book I could read. I am unworthy of the lenst of his mercies. I am a wicked child; but in future I will put off all my bad habits, and put on better. The sermons we have guide me a great deal, together with the Bible. One sermon was taken from Proverbs xxiii., beginning at 23rd verse: 'Buy the truth, and sell it not.' In the week he reads one or two verses out of the Old or New Testament, and then explains it to all the prisoners, which my soul I think profits by it a little. Oh, most merciful Father, forgive me all my sins, and let me find comfort in thee. Oh! I am a very great sinner, and I deserve to be cast into hell; but, Oh God! keep the devil away. Oh Lord, for thy Son's sake, bless my dearest mother, and all my brothers and sisters, and all my kind friends; and at the last bring them to thy everlasting kingdom, through Jusus Christ our Lord; and if it should pleases thee to restore my dearest mother to health, and grant that we may grow up good boys, to be a comfort to you. Oh, dear mother, when can I repay you for all your great kindness to me. Oh, I will grow up a good boy, by God's help. I do earnestly repent, and am heartily sorry for my sins, which are as many as the hairs of my head. I will ask God to blot them out of his book. I must now conclude with kindest love to you, and all my brothers and sister, and grandmother, which I hope are quite well. God bless you all. Oh continue to guide my dear brothers to the Saviour while young. Could not I see my tow brothers? Your affectionate but unhappy son, W. N. ALLNUTT."

MR. BALLANTINE called

EDWARD HENRY PAYNE. I have been a medical man since 1826, and am brother-in-law of the late Mr. Allnutt. He was subject to epileptic attacks—I attended him many years—I did not attend him immediately before his death—I saw him at Hastings probably about two months before his death—he was then quite mad—I had seen him so before at times—he was a person of an extremely excitable habit and mind—I know his father (the prisoner's grandfather)—he was subject to paralysis—that is a disease connected with the brain; and his two sisters are blind from a nervous disease, called anmarosis, which is, no doubt, connected with a disease of the brain—I have attended the prisoner—I saw him subsequent to Mr. Croucher, for the illness occasioned by the fall on the ploughshare—I was the regular medical attendant, but Mr. Croucher happened to be in the house—I saw the prisoner either the day, or the day but one, after the accident—nothing very particular ensued from the wound—there was a degree of inflammation—there was not erysipelas, that I recollect—the last time I attended him was for ring-worm, after they returned from Hastings, and before they went to Hackney—it was after his father's death, probably eighteen months ago—ring worm is a disease of an irritable, painful, and excitable character, it was very obstinate, it is a disease of the head, I should not like to say that it would affect the brain, but certainly the remedies may do so—the irritation of ring-worm might have the effect of disturbing an already excited and disturbed mind—he was suffering from scrofula; and at the present moment his face exhibits traces of it—he very early gave evidence of a scrofulous habit—scrofula is usually hereditary—it is so in this family, on one side—when it is hereditary, it is more obstinate and difficult to cure—I have attended him for scrofula, but only for a short time—I do not think Mr. Conolly attended him for scrofula—I believe Dr. Duesbury did—the nature and character of scrofula is calculated to affect the mind—I think it more likely to arise other causes, from the presence of tubercles—I was not in Court when Dr. Letheby gave his opinion—tubercles are not to be ascertained, they may be suspected—I know Mrs. Allnutt's other children—the prisoner is more excitable than them, so far as my examination has gone—from my examination of him, I think he is partially insane; that partial insanity, when he was suffering from it, would prevent him distinguishing right from wrong.

Cross-examined by MR. RYLAND. Q. When did you last attend him? A. I think it was in the autumn of last year, on his return from Hastings—he was on a visit at my brother-in-law's—I had opportunities of seeing him—I cannot say that I considered him partially insane then—from all I have heard, and what I have seen, and acting in the way he is charged, he must he under an impulse and delusion; but I do not mean to say he always was so—I mean at intervals—I do not actually say that a boy who would murder his own grandfather, must be insane—when I saw him in prison, last Saturday, he spoke of a voice inducing him to do what he was charged with, as far as I recollect—I consider that to be a delusion—I mean that I consider him to have been insane when he committed the act, not when he told me about the voices; his telling me so, partly led me to that opinion; but I take into consideration all the circumstances which I hear of him; his suffering from scrofula, and his father being decidedly insane, at the last part of his life; and the evidence I have heard; I come to the conclusion that he was partially insane when he did the act—my opinion, independent of anything I have heard about him since last Saturday, is, that he is a scrofulous boy; and I consider, from his shrieking out in the night, that the brain was certainly in a diseased state—as a medical man, I have no hesitation in saying so—I agree with Mr. Latheby, that the walking, and calling out in the sleep, may have been occasioned by an overloaded stomach—I have not seen him since last autumn—I think he may have been partially insane at the time he did it; and I think he is at this moment; and I think he is liable to become more insane, and probably will—nothing has passed since Saturday to leas me to that opinion—his skin was unhealthy in appearance; and he told me that he was often complaining of dreadful headaches; and I believed it.

COURT. Q. Had it occurred to you to think him insane before last Saturday? A. Yes; and I have expressed it before, before I knew I should he called—I cannot say I thought him insane before October; but I thought him eccentric and excitable.

EDWARD CROUCHER. I am a surgeon, practicing at Abingdon, and have been in the profession more than forty years—I am surgeon to the Berks Country Prison—when the prisoner was eighteen months' old I attended him for the cut on his face—I think I attended him three days—at that time there was a considerable degree of inflammation, and erysipelas apparently coming on—I then left him, and Mr. Payne succeeded me—I have not seen much of him since—I occasionally visited him, but not to notice him particularly—I may have noticed him a time or two afterwards—the wound was of a character calculated to affect the brain, it was a very serve blow, it fractured a bone which is connected with the bone of the skull—he was insensible when he was brought in—he soon came round—such an injury might produce epilepsy and derangement, but sometimes it does not show itself for years—by derangement I mean insanity.

Cross-examined. Q. You say after he was brought in he was insensible?

A. Yes; there was a great loss of blood, which caused him to come round again—he fainted from loss of blood, but the flow of blood relieved the system and brought him too again.

FREDERICK DUESBURY. I am a Doctor of medicine at Clapton. In March, April, and May the prisoner was brought to me by his mother—he was suffering from indigestion and scrofula—he paid me six or seven visits of about a quarter of an hour each, during those three moths—he was suffering from scrofula in a very marked degree—I have heard that his father died mad, and that the prisoner is in the habit of walking and shouting out in his sleep; and he has told me at his visits that he has heard voices in his head telling him to do things: from all those circumstances, and from my knowledge of his constitution, I do not believe him to have been in a sane state of mind at the time this occurred—that opinion did not occur to me, to the same extent, previous to this matter, but to a certain degree it did—I entertained an opinion that he was very peculiar in the formation of his mind—there was a peculiarity and eccentricity about him which arrested my attention when he consulted me—the stated of his mind struck me—I have not had more than the ordinary knowledge of insane people, which would occur to a general practitioner.

Cross-examined. Q. Do you mean that you consider him permanently insane, or liable to occasional derangement? A. My opinion is that it is the early stage of insanity, implicating the moral sentiments, the sense of right and wrong, and not as yet having reached the intellect in any market degree, or interfering with his judgment of right and wrong—I did express any opinion of that sort, not to that extent, until he was charged with this murder—I consider him in the ordinary initiatory stage of insanity—I have not had knowledge of his conduct, or of the particulars of his life, until very recently, so as to form a notion of how long that has existed—it is now in an early stage, and has not gone to a length to weaken the intellect in any marked degree.

Q. What do you mean by a marked degree, has it gone to a length to injure the intellect, so as not to know that he was poisoning a person when he did it? A. He might know it as a principle of hearsay, but not as a controlling principle of his mind—I think he would understand that he was poisoning his grandfather, if explained to him, but at the time the sense of right and wrong was not acting with sufficient power to control him—I mean a morbid state of the moral feeling, of the sense of right and wrong—I think he knew what the act was that he was doing, but that he did not feel it as being wrong—I am speaking of moral feeling.

Q. You would consider a pick-pocket had not got much moral feeling, but do you consider when he did this that he did not know that poisoning his grandfather was a wrong act? A. I am not prepared to answer; I think he has not the moral sense of wrong distinguished from right, or right distinguished from wrong, to give him a moral sense of feeling; that it was an irresistible impulse on his part—I draw that conclusion from his having perpetrated this act without hesitation, or struggle of mind, or remorse, or compunction, and without any sensible object; and also another circumstance which I have heard, leads me to believe his conscience is diseased, that he could not fell it as an influential agent to distinguish between right and wrong, although his intellect leads him to understand what others tell him.

DR. JOHN CONOLLY. I am physician to the Lunatic Asylum, and have for some years applied my mind exclusively to these matters. I have visited this boy in prison, and have heard the statements that have been made with reference to his walking in his sleep, and being subject to scrofula; to the state of mind of his father at the time he died, and likewise to his shrieking out at nights in his sleep; the opinion I have formed is, that he is imprefectly organized; and taking the word "mind" in the sense in which it is used by all writers, I should say he is of unsound mind—I believe, from the various circumstances which have been mentioned, that his brain is either diseased, or in that excitable state in which disease is most probable to ensue, that it is not a healthy brain—I should think him very likely to become insane, but that the future character of his insanity would be more in the derangement of his conduct than in the confusion of his intellect—that is conjecture.

COURT to MR. TOULMIN. Q. It is one of the usual symptoms of taking arsenic that the limbs become paralysed? A. Yes.

GUILTY. Aged 12.—Earnestly recommended to mercy by the Jury, on account of his tender age. — DEATH RECORDED



 
ALLNUTT, William Newton (I1656)
 
4

High Court of Justiciary Trial Papers - Search Result:

Title Trial papers relating to Primrose Anderson, Mary Ann Harman, Andrew Robertson
Trial Date 18 December 1848
Trial Location Edinburgh
NRS Reference JC26/1848/536
Related Documents
AD14/48/369


Accused
Name and Designation Age Birthplace Crime
Andrew Robertson 20 Fife Assault and robbery
Mary Ann Harman 19 Monaghan, Ireland Assault and robbery
Primrose Anderson 18 Assault and robbery


Victim(s)
Name and Designation
John Kairsop Morrsion, Sandyford Lane, Barras Bridge, Newcastle-upon-Tyne
Robert Small, Burnett's Close, High Street, Edinburgh
William Morrison, Roxburgh Street, Kelso




Name Andrew Robertson
Role Accused
Age 20
Approx Birth Year 1828
Crime Assault and robbery
Crime Location Burnett's Close, High Street, Edinburgh
Trial Date 18 December 1848
Trial Location Edinburgh
Verdict Guilty
Sentence Transportation - 10 years
NRS Reference JC26/1848/536 
ANDERSON, Primrose (I2011)
 
5

High Court of Justiciary Trial Papers - Search Result:

Title Trial papers relating to Primrose Anderson, Mary Ann Harman, Andrew Robertson
Trial Date 18 December 1848
Trial Location Edinburgh
NRS Reference JC26/1848/536
Related Documents
AD14/48/369


Accused
Name and Designation Age Birthplace Crime
Andrew Robertson 20 Fife Assault and robbery
Mary Ann Harman 19 Monaghan, Ireland Assault and robbery
Primrose Anderson 18 Assault and robbery


Victim(s)
Name and Designation
John Kairsop Morrsion, Sandyford Lane, Barras Bridge, Newcastle-upon-Tyne
Robert Small, Burnett's Close, High Street, Edinburgh
William Morrison, Roxburgh Street, Kelso




Name Andrew Robertson
Role Accused
Age 20
Approx Birth Year 1828
Crime Assault and robbery
Crime Location Burnett's Close, High Street, Edinburgh
Trial Date 18 December 1848
Trial Location Edinburgh
Verdict Guilty
Sentence Transportation - 10 years
NRS Reference JC26/1848/536 
HARMAN, Mary Ann (I2012)
 
6

High Court of Justiciary Trial Papers - Search Result:

Title Trial papers relating to Primrose Anderson, Mary Ann Harman, Andrew Robertson
Trial Date 18 December 1848
Trial Location Edinburgh
NRS Reference JC26/1848/536
Related Documents
AD14/48/369


Accused
Name and Designation Age Birthplace Crime
Andrew Robertson 20 Fife Assault and robbery
Mary Ann Harman 19 Monaghan, Ireland Assault and robbery
Primrose Anderson 18 Assault and robbery


Victim(s)
Name and Designation
John Kairsop Morrsion, Sandyford Lane, Barras Bridge, Newcastle-upon-Tyne
Robert Small, Burnett's Close, High Street, Edinburgh
William Morrison, Roxburgh Street, Kelso




Name Andrew Robertson
Role Accused
Age 20
Approx Birth Year 1828
Crime Assault and robbery
Crime Location Burnett's Close, High Street, Edinburgh
Trial Date 18 December 1848
Trial Location Edinburgh
Verdict Guilty
Sentence Transportation - 10 years
NRS Reference JC26/1848/536 
ROBERTSON, Andrew (I2010)
 
7

High Court of Justiciary Trial Papers - Search Result:

Title Trial papers relating to Primrose Anderson, Mary Ann Harman, Andrew Robertson
Trial Date 18 December 1848
Trial Location Edinburgh
NRS Reference JC26/1848/536
Related Documents
AD14/48/369


Accused
Name and Designation Age Birthplace Crime
Andrew Robertson 20 Fife Assault and robbery
Mary Ann Harman 19 Monaghan, Ireland Assault and robbery
Primrose Anderson 18 Assault and robbery


Victim(s)
Name and Designation
John Kairsop Morrsion, Sandyford Lane, Barras Bridge, Newcastle-upon-Tyne
Robert Small, Burnett's Close, High Street, Edinburgh
William Morrison, Roxburgh Street, Kelso


Name Primrose Anderson
Role Accused
Age 18
Approx Birth Year 1830
Crime Assault and robbery
Crime Location Burnett's Close, High Street, Edinburgh
Trial Date 18 December 1848
Trial Location Edinburgh
Verdict Guilty
Sentence Transportation - 10 years
NRS Reference JC26/1848/536
 
ANDERSON, Primrose (I2011)
 
8

High Court of Justiciary Trial Papers - Search Result:

Title Trial papers relating to Primrose Anderson, Mary Ann Harman, Andrew Robertson
Trial Date 18 December 1848
Trial Location Edinburgh
NRS Reference JC26/1848/536
Related Documents
AD14/48/369


Accused
Name and Designation Age Birthplace Crime
Andrew Robertson 20 Fife Assault and robbery
Mary Ann Harman 19 Monaghan, Ireland Assault and robbery
Primrose Anderson 18 Assault and robbery


Victim(s)
Name and Designation
John Kairsop Morrsion, Sandyford Lane, Barras Bridge, Newcastle-upon-Tyne
Robert Small, Burnett's Close, High Street, Edinburgh
William Morrison, Roxburgh Street, Kelso



Name Mary Ann Harman
Role Accused
Age 19
Approx Birth Year 1829
Crime Assault and robbery
Crime Location Burnett's Close, High Street, Edinburgh
Trial Date 18 December 1848
Trial Location Edinburgh
Verdict Guilty
Sentence Transportation - 10 years
NRS Reference JC26/1848/536 
HARMAN, Mary Ann (I2012)
 
9

High Court of Justiciary Trial Papers - Search ResultHelp
Title Trial papers relating to Andrew Miller, Robert Malcolm
Name Robert Malcolm
Role Accused
Age 28
Approx Birth Year 1820
Crime Rape, or assault with intent to ravish
Trial Date 6 September 1848
Trial Location Stirling
Verdict Guilty
Verdict Comments Guilty in terms of own confession - assault with intent to ravish.
Sentence Transportation - 7 years
NRS Reference JC26/1848/326

List of Accused
Name and Designation Age Birthplace Crime
Andrew Miller, son of Alexander Miller, wright 15 Rape, or assault with intent to ravish





Robert Malcolm 28 Rape, or assault with intent to ravish
 
MALCOLM, Robert (I1362)
 
10

Magnet (London) - Monday 12 March 1849:

FATAL AFFRAY WITH POACHERS.
Thomas Knapp indicted for the wilful murder of Charles Payne. Mr Poulden, who appeared for the Crown, said that he should not offer any evidence in this case, and verdict of acquittal was taken.
The prisoner was then charged with having wounded James Call, with intent to do him some grievous bodily harm.—lt appeared that on the night of the 26th of February, 1848, three men, named John Call, James Call, and Charles Payne, assistant gamekeepers to Mr. Drummond, of Cadlands, were out watching, and at about half-past twelve they twice heard the report of a gun, whereupon the keepers went round to a cover, called Shaplands, to which they thought the poachers were likely to go. They saw five men coming towards them. Two of the keepers seized two of the poachers, and a fight ensued; when James Call, who was a little behind, coming up, he was met by the prisoner, who struck him violently with a gun which he had in his hands. A desperate struggle ensued, during which one of the poacher's guns went off, and Charles Payne lost his life thereby. James Call and the prisoner fought for some time, when at length he struck Call a blow which rendered him insensible. On coming to himself he found Payne dead , and the other two keepers struggling on the ground with two of the poachers. Knapp had made his escape and absconded. Three of the others were apprehended and tried for the murder of Payne at the last assizes, but the judge was of opinion that, at the time the keepers tried to apprehend them they had no right to do so, and, therefore, that the prisoners had a right to resist the keepers. They were accordingly acquitted of the murder, but convicted, on an indictment, for night-poaching. In the present case, however, the first assault was made by the prisoner on Call, so the present indictment was preferred against him, he having been taken into custody in November last.
The jury found the prisoner Guilty.—Sentence respited.

 
MORRIS, Stephen (I1875)
 
11

Magnet (London) - Monday 12 March 1849:

FATAL AFFRAY WITH POACHERS.
Thomas Knapp indicted for the wilful murder of Charles Payne. Mr Poulden, who appeared for the Crown, said that he should not offer any evidence in this case, and verdict of acquittal was taken.
The prisoner was then charged with having wounded James Call, with intent to do him some grievous bodily harm.—lt appeared that on the night of the 26th of February, 1848, three men, named John Call, James Call, and Charles Payne, assistant gamekeepers to Mr. Drummond, of Cadlands, were out watching, and at about half-past twelve they twice heard the report of a gun, whereupon the keepers went round to a cover, called Shaplands, to which they thought the poachers were likely to go. They saw five men coming towards them. Two of the keepers seized two of the poachers, and a fight ensued; when James Call, who was a little behind, coming up, he was met by the prisoner, who struck him violently with a gun which he had in his hands. A desperate struggle ensued, during which one of the poacher's guns went off, and Charles Payne lost his life thereby. James Call and the prisoner fought for some time, when at length he struck Call a blow which rendered him insensible. On coming to himself he found Payne dead , and the other two keepers struggling on the ground with two of the poachers. Knapp had made his escape and absconded. Three of the others were apprehended and tried for the murder of Payne at the last assizes, but the judge was of opinion that, at the time the keepers tried to apprehend them they had no right to do so, and, therefore, that the prisoners had a right to resist the keepers. They were accordingly acquitted of the murder, but convicted, on an indictment, for night-poaching. In the present case, however, the first assault was made by the prisoner on Call, so the present indictment was preferred against him, he having been taken into custody in November last.
The jury found the prisoner Guilty.—Sentence respited.

 
SMITH, William (I1876)
 
12

Magnet (London) - Monday 12 March 1849:

FATAL AFFRAY WITH POACHERS.
Thomas Knapp indicted for the wilful murder of Charles Payne. Mr Poulden, who appeared for the Crown, said that he should not offer any evidence in this case, and verdict of acquittal was taken.
The prisoner was then charged with having wounded James Call, with intent to do him some grievous bodily harm.—lt appeared that on the night of the 26th of February, 1848, three men, named John Call, James Call, and Charles Payne, assistant gamekeepers to Mr. Drummond, of Cadlands, were out watching, and at about half-past twelve they twice heard the report of a gun, whereupon the keepers went round to a cover, called Shaplands, to which they thought the poachers were likely to go. They saw five men coming towards them. Two of the keepers seized two of the poachers, and a fight ensued; when James Call, who was a little behind, coming up, he was met by the prisoner, who struck him violently with a gun which he had in his hands. A desperate struggle ensued, during which one of the poacher's guns went off, and Charles Payne lost his life thereby. James Call and the prisoner fought for some time, when at length he struck Call a blow which rendered him insensible. On coming to himself he found Payne dead , and the other two keepers struggling on the ground with two of the poachers. Knapp had made his escape and absconded. Three of the others were apprehended and tried for the murder of Payne at the last assizes, but the judge was of opinion that, at the time the keepers tried to apprehend them they had no right to do so, and, therefore, that the prisoners had a right to resist the keepers. They were accordingly acquitted of the murder, but convicted, on an indictment, for night-poaching. In the present case, however, the first assault was made by the prisoner on Call, so the present indictment was preferred against him, he having been taken into custody in November last.
The jury found the prisoner Guilty.—Sentence respited.

 
KNAPP, Thomas (I1874)
 
13

Magnet (London) - Monday 12 March 1849:

FATAL AFFRAY WITH POACHERS.
Thomas Knapp indicted for the wilful murder of Charles Payne. Mr Poulden, who appeared for the Crown, said that he should not offer any evidence in this case, and verdict of acquittal was taken.
The prisoner was then charged with having wounded James Call, with intent to do him some grievous bodily harm.—lt appeared that on the night of the 26th of February, 1848, three men, named John Call, James Call, and Charles Payne, assistant gamekeepers to Mr. Drummond, of Cadlands, were out watching, and at about half-past twelve they twice heard the report of a gun, whereupon the keepers went round to a cover, called Shaplands, to which they thought the poachers were likely to go. They saw five men coming towards them. Two of the keepers seized two of the poachers, and a fight ensued; when James Call, who was a little behind, coming up, he was met by the prisoner, who struck him violently with a gun which he had in his hands. A desperate struggle ensued, during which one of the poacher's guns went off, and Charles Payne lost his life thereby. James Call and the prisoner fought for some time, when at length he struck Call a blow which rendered him insensible. On coming to himself he found Payne dead , and the other two keepers struggling on the ground with two of the poachers. Knapp had made his escape and absconded. Three of the others were apprehended and tried for the murder of Payne at the last assizes, but the judge was of opinion that, at the time the keepers tried to apprehend them they had no right to do so, and, therefore, that the prisoners had a right to resist the keepers. They were accordingly acquitted of the murder, but convicted, on an indictment, for night-poaching. In the present case, however, the first assault was made by the prisoner on Call, so the present indictment was preferred against him, he having been taken into custody in November last.
The jury found the prisoner Guilty.—Sentence respited.

 
MORRIS, Stephen (I1875)
 
14

Magnet (London) - Monday 12 March 1849:

FATAL AFFRAY WITH POACHERS.
Thomas Knapp indicted for the wilful murder of Charles Payne. Mr Poulden, who appeared for the Crown, said that he should not offer any evidence in this case, and verdict of acquittal was taken.
The prisoner was then charged with having wounded James Call, with intent to do him some grievous bodily harm.—lt appeared that on the night of the 26th of February, 1848, three men, named John Call, James Call, and Charles Payne, assistant gamekeepers to Mr. Drummond, of Cadlands, were out watching, and at about half-past twelve they twice heard the report of a gun, whereupon the keepers went round to a cover, called Shaplands, to which they thought the poachers were likely to go. They saw five men coming towards them. Two of the keepers seized two of the poachers, and a fight ensued; when James Call, who was a little behind, coming up, he was met by the prisoner, who struck him violently with a gun which he had in his hands. A desperate struggle ensued, during which one of the poacher's guns went off, and Charles Payne lost his life thereby. James Call and the prisoner fought for some time, when at length he struck Call a blow which rendered him insensible. On coming to himself he found Payne dead , and the other two keepers struggling on the ground with two of the poachers. Knapp had made his escape and absconded. Three of the others were apprehended and tried for the murder of Payne at the last assizes, but the judge was of opinion that, at the time the keepers tried to apprehend them they had no right to do so, and, therefore, that the prisoners had a right to resist the keepers. They were accordingly acquitted of the murder, but convicted, on an indictment, for night-poaching. In the present case, however, the first assault was made by the prisoner on Call, so the present indictment was preferred against him, he having been taken into custody in November last.
The jury found the prisoner Guilty.—Sentence respited.

 
SMITH, William (I1876)
 
15

Magnet (London) - Monday 12 March 1849:

FATAL AFFRAY WITH POACHERS.
Thomas Knapp indicted for the wilful murder of Charles Payne. Mr Poulden, who appeared for the Crown, said that he should not offer any evidence in this case, and verdict of acquittal was taken.
The prisoner was then charged with having wounded James Call, with intent to do him some grievous bodily harm.—lt appeared that on the night of the 26th of February, 1848, three men, named John Call, James Call, and Charles Payne, assistant gamekeepers to Mr. Drummond, of Cadlands, were out watching, and at about half-past twelve they twice heard the report of a gun, whereupon the keepers went round to a cover, called Shaplands, to which they thought the poachers were likely to go. They saw five men coming towards them. Two of the keepers seized two of the poachers, and a fight ensued; when James Call, who was a little behind, coming up, he was met by the prisoner, who struck him violently with a gun which he had in his hands. A desperate struggle ensued, during which one of the poacher's guns went off, and Charles Payne lost his life thereby. James Call and the prisoner fought for some time, when at length he struck Call a blow which rendered him insensible. On coming to himself he found Payne dead , and the other two keepers struggling on the ground with two of the poachers. Knapp had made his escape and absconded. Three of the others were apprehended and tried for the murder of Payne at the last assizes, but the judge was of opinion that, at the time the keepers tried to apprehend them they had no right to do so, and, therefore, that the prisoners had a right to resist the keepers. They were accordingly acquitted of the murder, but convicted, on an indictment, for night-poaching. In the present case, however, the first assault was made by the prisoner on Call, so the present indictment was preferred against him, he having been taken into custody in November last.
The jury found the prisoner Guilty.—Sentence respited.

 
CAVELL, Alexander (I1878)
 
16

Magnet (London) - Monday 12 March 1849:

FATAL AFFRAY WITH POACHERS.
Thomas Knapp indicted for the wilful murder of Charles Payne. Mr Poulden, who appeared for the Crown, said that he should not offer any evidence in this case, and verdict of acquittal was taken.
The prisoner was then charged with having wounded James Call, with intent to do him some grievous bodily harm.—lt appeared that on the night of the 26th of February, 1848, three men, named John Call, James Call, and Charles Payne, assistant gamekeepers to Mr. Drummond, of Cadlands, were out watching, and at about half-past twelve they twice heard the report of a gun, whereupon the keepers went round to a cover, called Shaplands, to which they thought the poachers were likely to go. They saw five men coming towards them. Two of the keepers seized two of the poachers, and a fight ensued; when James Call, who was a little behind, coming up, he was met by the prisoner, who struck him violently with a gun which he had in his hands. A desperate struggle ensued, during which one of the poacher's guns went off, and Charles Payne lost his life thereby. James Call and the prisoner fought for some time, when at length he struck Call a blow which rendered him insensible. On coming to himself he found Payne dead , and the other two keepers struggling on the ground with two of the poachers. Knapp had made his escape and absconded. Three of the others were apprehended and tried for the murder of Payne at the last assizes, but the judge was of opinion that, at the time the keepers tried to apprehend them they had no right to do so, and, therefore, that the prisoners had a right to resist the keepers. They were accordingly acquitted of the murder, but convicted, on an indictment, for night-poaching. In the present case, however, the first assault was made by the prisoner on Call, so the present indictment was preferred against him, he having been taken into custody in November last.
The jury found the prisoner Guilty.—Sentence respited.

 
BRATCHER, Charles (I1877)
 
17

Magnet (London) - Monday 12 March 1849:

FATAL AFFRAY WITH POACHERS.
Thomas Knapp indicted for the wilful murder of Charles Payne. Mr Poulden, who appeared for the Crown, said that he should not offer any evidence in this case, and verdict of acquittal was taken.
The prisoner was then charged with having wounded James Call, with intent to do him some grievous bodily harm.—lt appeared that on the night of the 26th of February, 1848, three men, named John Call, James Call, and Charles Payne, assistant gamekeepers to Mr. Drummond, of Cadlands, were out watching, and at about half-past twelve they twice heard the report of a gun, whereupon the keepers went round to a cover, called Shaplands, to which they thought the poachers were likely to go. They saw five men coming towards them. Two of the keepers seized two of the poachers, and a fight ensued; when James Call, who was a little behind, coming up, he was met by the prisoner, who struck him violently with a gun which he had in his hands. A desperate struggle ensued, during which one of the poacher's guns went off, and Charles Payne lost his life thereby. James Call and the prisoner fought for some time, when at length he struck Call a blow which rendered him insensible. On coming to himself he found Payne dead , and the other two keepers struggling on the ground with two of the poachers. Knapp had made his escape and absconded. Three of the others were apprehended and tried for the murder of Payne at the last assizes, but the judge was of opinion that, at the time the keepers tried to apprehend them they had no right to do so, and, therefore, that the prisoners had a right to resist the keepers. They were accordingly acquitted of the murder, but convicted, on an indictment, for night-poaching. In the present case, however, the first assault was made by the prisoner on Call, so the present indictment was preferred against him, he having been taken into custody in November last.
The jury found the prisoner Guilty.—Sentence respited.



 
CAVELL, Alexander (I1878)
 
18

York Herald - Saturday 17 March 1849:

EXTENSIVE SYSTEM OF SWINDLING AT LEEDS.

WILLIAM MOAT (47), and HENRY SOULBY MELSON (29), were charged with having, at Leeds, conspired together, and, by false pretences, obtained forty stones of oatmeal, with intent to defraud John Thomas Gratton.
Mr. Hall, Mr. Overend and Mr. Hardy were counsel for the prosecution, and Mr. Price for the defence. The individual named in the indictment is a corn factor and flour dealer at Chesterfield. On the13th of December last, he received s letter dated 52, Meadow-lane Leeds, requesting him to send s sack of oatmeal and a sack of shelling, as samples, to Henry Melson & Co., corn factors, Leeds, and then stating that should they suit more extensive orders would be sent. Mr. Gratton replied to this epistle, and asked for a reference, in consequence of which the swindlers transmitted the name of Mr. S. Budworth, 23, Bond Street, Leeds, and Ardwick Bridge, Manchester. On the faith of this apparently respectable referee, the prosecutor dispatched the oatmeal, forming the subject of the present investigation, and it was delivered to them at the railway station in Leeds. No money was ever paid for tbe goods, according to the stipulated terms. Some correspondence took place between Mr. Gratton and the secretary of the Leeds Tradesmen's Protection Society, end, subsequently, with the secretary of a similar association at Liverpool, the result of which was that disclosures were made proving that the parties were extensive swindlers, and that " Mr. S. Budsworth" was no other personage than the prisoner Melson. The scheme of the prisoners wss to take premises in various towns, and represent themselves as merchants, and thus to impose on tradesmen living at a distance from the scene of their fraudulent operations. In Leeds, they assumed the business of seed merchants and corn factors, and, accordingly, took a respectable warehouse in Bond-street ; in Manchester, they represented themselves as wool, cotton, and wine merchants, and also commission agents, and rented, without paying for, premises in Haigh -street ; in Liverpool, they engaged an office in the Stock Exchange Chambers, which they wanted, they said, for the purpose of shipping consignments of earthenware, for Mr. S. Budworth, of the Staffordshire potteries. They likewise asserted that they were gypsum and cement manufacturers at Hull ; and one ot their "company," under the name of Hanford, took some premises in Bishopsgate-street, York, a year or two ago, and attempted to defraud several tradesmen in the city. The imposition, however, was speedily detected, end their enterprise proved a failure. In this manner, under various names, the firm had carried on a large trade, and tradesmen in London, Hull, Northampton, Boston, Portsmouth, and even Belfast and Dundee, and other places, had become the victims of their plans. A great number of letters, alleged to have been written by both the prisoners, were produced, and amongst them the two above referred to, which Moat admitted, when arrested in the warehouse in Bond-street, to be in his hand writing, but under the direction of Melson. All the goods thus obtained had been sold and exchanged for ether commodities, with the exception of a portion of tbe oatmeal which was found in the warehouse in Bond-street. Mr. Price contended that Moat had acted as a servant to Melson, and that there was no conspiracy existing between them.— Guilty .- His lordship sentenced the prisoners to be imprisoned and kept to hard labour for twelve months for the conspiracy, and at the expiration of that term to be transported for seven years for the fraud.

 
MOAT, William (I1926)
 
19

York Herald - Saturday 17 March 1849:

EXTENSIVE SYSTEM OF SWINDLING AT LEEDS.

WILLIAM MOAT (47), and HENRY SOULBY MELSON (29), were charged with having, at Leeds, conspired together, and, by false pretences, obtained forty stones of oatmeal, with intent to defraud John Thomas Gratton.
Mr. Hall, Mr. Overend and Mr. Hardy were counsel for the prosecution, and Mr. Price for the defence. The individual named in the indictment is a corn factor and flour dealer at Chesterfield. On the13th of December last, he received s letter dated 52, Meadow-lane Leeds, requesting him to send s sack of oatmeal and a sack of shelling, as samples, to Henry Melson & Co., corn factors, Leeds, and then stating that should they suit more extensive orders would be sent. Mr. Gratton replied to this epistle, and asked for a reference, in consequence of which the swindlers transmitted the name of Mr. S. Budworth, 23, Bond Street, Leeds, and Ardwick Bridge, Manchester. On the faith of this apparently respectable referee, the prosecutor dispatched the oatmeal, forming the subject of the present investigation, and it was delivered to them at the railway station in Leeds. No money was ever paid for tbe goods, according to the stipulated terms. Some correspondence took place between Mr. Gratton and the secretary of the Leeds Tradesmen's Protection Society, end, subsequently, with the secretary of a similar association at Liverpool, the result of which was that disclosures were made proving that the parties were extensive swindlers, and that " Mr. S. Budsworth" was no other personage than the prisoner Melson. The scheme of the prisoners wss to take premises in various towns, and represent themselves as merchants, and thus to impose on tradesmen living at a distance from the scene of their fraudulent operations. In Leeds, they assumed the business of seed merchants and corn factors, and, accordingly, took a respectable warehouse in Bond-street ; in Manchester, they represented themselves as wool, cotton, and wine merchants, and also commission agents, and rented, without paying for, premises in Haigh -street ; in Liverpool, they engaged an office in the Stock Exchange Chambers, which they wanted, they said, for the purpose of shipping consignments of earthenware, for Mr. S. Budworth, of the Staffordshire potteries. They likewise asserted that they were gypsum and cement manufacturers at Hull ; and one ot their "company," under the name of Hanford, took some premises in Bishopsgate-street, York, a year or two ago, and attempted to defraud several tradesmen in the city. The imposition, however, was speedily detected, end their enterprise proved a failure. In this manner, under various names, the firm had carried on a large trade, and tradesmen in London, Hull, Northampton, Boston, Portsmouth, and even Belfast and Dundee, and other places, had become the victims of their plans. A great number of letters, alleged to have been written by both the prisoners, were produced, and amongst them the two above referred to, which Moat admitted, when arrested in the warehouse in Bond-street, to be in his hand writing, but under the direction of Melson. All the goods thus obtained had been sold and exchanged for ether commodities, with the exception of a portion of tbe oatmeal which was found in the warehouse in Bond-street. Mr. Price contended that Moat had acted as a servant to Melson, and that there was no conspiracy existing between them.— Guilty .- His lordship sentenced the prisoners to be imprisoned and kept to hard labour for twelve months for the conspiracy, and at the expiration of that term to be transported for seven years for the fraud.

 
MELSON, Henry Soulby (I1925)
 
20
 
RAINE, Thomas Rutledge (I435)
 
21
 
RAMPLING, John (I437)
 
22
2 Trial Transcripts from the Old Bailey:


Trial 1:

HENRY SAMUEL CHESTER was again indicted with THOMAS ARMENT , and THOMAS ARMENT the younger , for stealing 54 1/2 yards of damask, value 25l.; the goods of Thomas Charles Druce and another, the masters of Chester: to which

CHESTER pleaded GUILTY . Aged 24.

MESSRS. BODKIN and BALLANTINE conducted the Prosecution.

WALTER CALDWELL . I am salesman to Messrs. Keith and Co., of Cheaptide. I remember selling these two pieces of crimson damask to Watson and Co., of Holborn-hill—our selling price to the trade would be 9s. 6d. a yard—the pattern of it is peculiar to ourselves; I do not believe any one else makes it—I had only these two pieces of that warp, and they were sent to Watson's—it was a job lot at 7s. 9d., or 8s. a yard.

Cross-examined by MR. HUDDLESTON. Q. Did you make no more than these two pieces? A. No; they were made for stock to sell to the first customer—I have made a good deal since of the same pattern, but not of the same quality—I have got on this one, the number and mark and length—here are fifty-four yards and a half—I have made others of this pattern cheaper than this—a warp when made a certain length would make two or three pieces—this warp made only two pieces—this is an out of the way pattern—I never saw it made by any one else—it is for curtains and for covering chairs.

THOMAS RUSSELL . I am town traveller to Messrs. Watsons, of Holborn-hill. I purchased the crimson damask of Messrs. Keith and Co.—we have one of the pieces—the other piece I sent on approval to Mesrs. Druce and Co., about 16th of Sept.—I sent for it again in Dec, I did not get it back—the piece that we had in stock is now here.

WILLIAM WATKINS FRAY . I am manager of Messrs. Thomas Charles Druce and another's business, 200, Regent-street—they have likewise an establishment at Baker-street bazaar—I received a piece of this crimson damask from Messrs. Watsons, on approval—I believe this is the piece (looking at it)—it was sent for in Dec., and we could not find it.

Cross-examined. Q. Do you say that you have not sold it? A. I have not—we do not enter in our books what we receive on approval—if we had got a customer we should have sold it, but then we should enter it in out books—I believe our books are not here—myself and Henry Payne are in Messrs. Druce's employ—there have been no others since Sept.—Henry Payne is not here—this damask has not been at Baker-street—the establish ment in Regent-street is a large establishment—the one in Baker-street it larger—there are four persons at the Baker-street basaar—if a customer wanted anything which they had not got there, they would tend to Regent-street with a written order, and the goods would then be booked and sent—Mr. Druce is in partnership with Mr. Broadhurst, and has been for six years, I believe—Mr. Druce is not a clerk to Mr. Broadhurst—the names are Druoe, Brock, and Co., at Regent-street—I do not know such t person at Brock, the firm is Druce and Broadhunt.

THOMAS COBLEY (policeman, K 65). On 14th Dec. I saw the younger Arment in Whitechapel-road—I asked him some questions, and in consequence of his answers I took him into custody—on the following day I saw some crimson damask at Mr. Jackson's, an upholsterer's, in shorediteh—I look it into my possession, but not on that occasion—this produced is it—there are from thirty-six to forty yards of it—within about a fortnight afterwards I went to Mr. Hewetson, an upholsterer, in Tottenham-court-road; I there got about eighteen yards of the damask—these are the pieces.

GEORGE SPENCEE WALL . I do not know the prisoner Chester, I have never seen him—I know the two Arments—I saw this damatk about 12th or 14th Oct., at the elder Arment's house, in the Tenter-ground—I had sold something for him before, and on going to his house he produced this damask—it was then in one piece—he asked me if I could sell it for him—I said I never did sell any, but I would try—he wanted 6s. a yard for it—I took and tried it more than a week—I could not tell it at that, being in one piece—I took one yard as a sample—this is it—I told the elder Arment, in three or four days afterwards, at bis house, that I could not tell it—I told him I was only offered 3s. 6d. a yard for it, (Mr. Jackson had offered me that)—he said he would not take that, and I never saw him again for several days afterwards—I then asked him whether he had told the damask—he said, "No, and he was inclined to take the 3s. 6d."—I went to Mr. Jackson, and told him—he said he would not mind taking it at 3s. 6d.—he had bought the whole of it, but I happened to go into Tottenham-court-road, and called at Mr. Hewet-son's, and they offered to buy some at 5s. a yard—I met Mr. Arment at he was going to Jackson's, and told him I had got a better bargain for sixteen yard of it—the younger Arment was with hit Gather then—we went into a public-house and had something to drink—we remained there about a quarter of an hour—we agreed that the younger Arment should go to Jackson's with the thirty-seven yards, and that I should take the sixteen yards to Hewetson's—the father left us at the public-house, and the younger one and I went to a haberdasher's shop at the corner of Houndsditch—the younger Arment remained outside the shop—I went in, and the gentleman in the shop cut the silk damask—I took the sixteen yards and a half—I left the remainder with young Arment—I had written a bill—this is it (looking at it)—I left it with young Arment—I took the sixteen yards and a half up to Howetson's, and left it there—I received of him 4l.—I met young Arment at seven o'clock in the evening at the Pied Horse, in Chiswell-street—I paid him the money, deducting 12s. as my commission; he gave me an acknowledgment for it—this is part of it, it tore in my pocket, and a part of it is lost—I saw him write it and sign it, I did not see the elder Arment for some time afterwards.

Cross-examined. Q. Where do you carry on business? A. At 42, Great Charles-street, City-road—I was taken into custody, and then I made a statement of all that I knew of this transaction—when they found out how it was, they made me a witness—I was discharged on my own recognizance—I have been in the habit of selling things for different persons as a commission-agent for thirty-five years—when I sell goods, I generally take a sample and show it—there was nothing in this transaction that excited my suspicion—I received a sample, and went to a number of places to try to get the price—I do not know what are called "damaged lots"—if an article is sold by itself, it will fetch a less price than if sold in bulk—I had no offer at all till Mr. Jackson gave me an offer of 3s. 6d.—I made no concealment about this—I went to some of the first houses in London—I mentioned the price I was to ask—I mentioned to Mr. Arment that I had been to a great many places, and that was the only offer I could get—he refused to let it go at that price—it might be a week afterwards that he gave me instructions to take that price—Mr. Hewetson keeps a large manufactory for bedding, and chain, and tables, in Tottenham-court-road, and Mr. Jackson is in the same way—it does happen that commission-agents sometimes do business at public-houses, and sometimes at the houses of the persons.

JOSEPH JACKSON . I am an upholsterer, and live in Shoreditch. I believe I purchased this thirty-six yards of crimson damask of Wall on 24th Oct.—I paid 3s. 6d. per yard—I paid by a check, which I produce—he was to have brought fifty-four yards, and when it came there were but thirty-six—I thought it had been Wall that brought it, but I believe it was the younger Arment—he is the penon to whom I gave the check—this is the bill of parcels (produced)—the contract was made with Wall—the person who brought the goods to me afterwards put his name to the bill of parcels.

GEORGE SPENCER WALL (re-examined). Here is ray own name written at the bottom of this invoice as making the contract—this name of "Thomas Arment," written underneath, I did not see written, it is not my name—the younger Arment is the person to whom the thirty-six yards were given with this bill to take to Mr. Jackson.

Cross-examined. Q. This has written on it, "Cash by bearer,—G. S. Wall? "A. Yes—I handed the bill to the younger Arment, with this writing on it.

MR. JACKSON, re-examined. About a month afterwards the younger Arment came to me and brought me two samples of damask—he said he had them to sell—he said I might as well buy them of him as I had bought some of him through Wall a little time before—he was a stranger to me—I said I would not buy them of him, I did not recollect him—he said I had before bought a piece of crimson damask of him through Wall, and I might as well buy it of him, as I understood him, without agency—I sold two yards of the damask at 3s. 9d. a yard.

Cross-examined. Q. How long have you been carrying on business in High-street, Shoreditch? A. Twelve or fourteen years—I believe it sometimes happens, in the course of business, that we have considerable bargains with what they call "job lots"—I suppose we have them of persons who pick them up at auctions—I cannot say whether what I gave was the value of this damask—I bought it as French goods and a job lot, not enough for a suite of furniture, which for window-curtains, chair-covers, and two couches, would require about a hundred yards—when silk is sold in a less quantity, we give a less price for it—I frequently buy of commission-agents—when young Arment came to me on the second occasion, he himself alluded to the transaction I had had with Wall—I did not recollect Arment—I drew the check for Wall.

MR. BODKIN. Q. You say you bought this as French goods; did you examine it? A. I examined the yard—I now find that it is English—I should be very much surprised to hear that it cost 9s. a yard.

HENRY FOTHERGILL . I live at Messrs. Hewetson's, in Tottenham-court-road; they are extensive upholsterers. I bought sixteen yards and a half of this damask for 5s. a yard—I did not take it for French—I paid Wall for it—he showed me a sample, from which I bought it—fifty four yards or thirty-six yards would not be enough to make a suite of furniture—I know that silk of this description is made in lengths of fifty or fifty-four yards, but you can always get more at the manufacturers—this would be used to cover a sofa or an easy chair.

SUSANNAH BATIMAN . I am the wife of Thomas Bateman; he lives at the Georgt public-house at the corner of Little Prescot-street, Goodman's-fields. I know the elder Arment—he brought this check to me on the evening of the 25th or 26th Oct., and asked me to give him cash for it—he said it was one he had taken in the course of his business—I looked at it, and said, "If you place your name at the back, I will change it for you"—he said, "I can't write; I will thank you to do it for me"—I wrote his name on the back—I knew he was a coal-merchant—I had had four tons of coals of him—I did not know he kept a coal-shed.

Cross-examined. Q. Do you know whether he is a person who sells things on commission? A. No—I never had any dealings with him, but ever since I have had that house I have known him as a customer—he asked me for an order for coals, and I gave it him—I knew his name, and wrote it for him.

LANCELOT ROWLANDSON . I am an upholsterer, and live at 83, White-chapel-road. About three months ago the younger Arment came to me, and offered to sell some crimson silk-damask similar to this—I asked him where it came from—he said he sold it for a small manufacturer in Spitalfieldi—I declined it—I believe he offered me this piece of goods at 3s. 6d.—he told me afterwards he had sold it to Mr. Jackson for 3s. 6d.

JOHN DAVIS (City-policeman, 551). I know the two Arments—the elder Arnent lives in the Tenter-ground, near Prescot-street, and keeps a coal-shed—I have seen the younger Arment; I was given to understand that be lived with his father—I have seen him down there—I know the elder Annent has kept the coalshed four or five months.

THOMAS ARMENT

THOMAS ARMENT, JUN.

NOT GUILTY




Trial 2:

HENRY SAMUEL CHESTER, THOMAS ARMENT , and THOMAS ARMENT, the younger , were again indicted for stealing 90 yards of damask, value 18l.; the goods of Thomas Charles Druce and another, the masters of Chester.— 2d COUNT, charging Thomas Arment and Thomas Arment, the younger, with receiving the same; to which

CHESTER pleaded GUILTY . Aged 24.— Transported for Ten Years.

MR. BALLANTINE conducted the Prosecution.

WILLIAM WATKINS FRAY . I am in the employ of Thomas Charles Druce and another. This buff and crimson damask belongs to them; it was not sold—I missed the exact quantity which has been found—this is a piece which was a cover of a chair which I believe to be the same—I saw this in our stock on 1st Sept.—young Arment was taken about the middle of Dec.—when I came to look for this I found it was gone.

Cross-examined by MR. HUDDLESTON. Q. From whom did you get it? A. From Messrs. Holdsworth; they are large manufacturers—I have no mark on this—I know it because I have another piece of the same pattern—this other piece of damask has no mark on it—I bought this of M'Crie and Ball; they are large manufacturers—the whole of this piece was thirty, and here are twenty-nine yards.

HINRT HOLDSWORTH . I am the agent to Messrs. Hoidsworths' manufactory, at Halifax. This buff and crimson damask is our manufacture—there were only five pieces made of this pattern and colour, and Messrs. Druce had them all.

GEORGE SPENCER WALL . I know the two Arments—I believe they live in the Tenter-ground—I have been to their house—I do not know that they live together—I saw this yellow damask once at the police-office—this buff and crimson damask I have seen before; the elder Arment gave it me to sell, I think, in Oct—I went to Mr. Jackson's, and to several places—I showed it to Mr. Jackson, but did not sell it to him—I took it back, and delivered it to old Mr. Arment—this crimson damask the elder Arment gave me to sell—I sold twenty or twenty-one yards, at 1s. 7d. a yard, to Mr. Jackson—I paid the money to the elder Arment—it was between 1l. and 2l., deducting nay own commission, 2d. a yard.

JOSEPH JACKSON . I keep a shop, in High-street, Shoreditch. I purchased this crimson damask of Wall—I believe I paid him 1s. 7d. a yard—he afterwards brought the crimson silk damask that I spoke of before, and I believe he brought this buff and crimson one together with it, if I saw this one before Wall showed it me.

COURT. Q. What is the value of that you bought at 1s. 7d.? A. I suppose 2s. 6d., or 2s. 9d., in the whole piece—I objected to the other, as it was a large pattern, and this was small.

Cross-examined. Q. Was 1s. 7d. a price you would give for a remnant? A. I could not give more—I should not consider it worth more.

ROBERT CARTER . I am a wholesale-upholsterer, and live in the Minories. I bought this crimson and buff damask of the younger Arment, about the middle of Nov., at 1s. 9d. a yard—there were thirty yards of it—I asked him where he got it—he said in exchange for packing-mats, which are mats used for packing upholstery goods—I paid him two guineas and a half for this altogether—this is a damaged piece—if it were perfect it would be worth 84s. or 85s. a piece—this was damaged in the dye, and from lying in an upholsterer's shop—it was exposed in my warehouse for three weeks, and offered for sale at 2s. a yard.

Cross-examined. Q. Is it in a saleable condition? A. Decidedly not—I

have known Arment for four years—he sold some music-stools to our people—I understood he was a seller or maker of those articles.

HENRY HOLDSWORTH re-examined. This is not damaged in the dye—it is as good a colour as you could expect—the colour did not answer my expectation, and I sold it at a reduced price, at 3s. 6d., to Messrs. Druce, for them to get a profit on it.

JAMES GEORGE HURST . I am a labourer, in the London Bocks. I know both the Arments—the younger one was a fellow-labourer with me, and I have understood that he occasionally works after hours with his brother, in making music-stools—the elder Arment keeps a coal-shed in the Tenter-ground—the younger Arment told me that he was out on bail; he did not tell me what for—after that I saw the elder Arment—he asked me if I would accompany him to the West-end for a walk—I accompanied him to Portland-street, Oxford-street—he enquired after a man named Chester—I showed him Chester's house—(I had seen Chester one week previous to that)—Chester was not at home—we went to a coffee-house, and waited—he came, and he and the elder Arment had some conversation; I did not hear any part of it—Chester gave me a sovereign and a shilling to give to the elder Arment, which I did.

Cross-examined. Q. Did you know Chester's house before? A. On 22d Dec. the younger Arment came to me while he was out on bail, and asked me to accompany him to Chester's—I was not before the Magistrate—I have not been examined as a witness by any person—they found me in the London Docks to-day, and told me what they wanted me for—I recollect the date, by its being the Friday in the week before Christmas—young Arment took me to Chester's, as a witness—Chester was not at home—we met him in the street-young Arment spoke to him—he said he was in trouble, and he wished him to advance a little money to assist him in his defence; he did not say why—that was all that took place that evening.

MR. BALLANTINE. Q. When young Arment said be wanted some money for his defence, what answer did Chester make? A. That he had none then to give him, but would give him some in a few days.

THOMAS COBLBT (policeman, K 65). On 14th Dec. I was in Whitechapel-road—I saw the younger Arment offering a piece of yellow damask for sale to Mr. Jewel, a broker—he did not buy it—I followed young Arment, and when I came up to him I asked him what he had there—he hesitated at first, and then said, "Stuff"—I said, "What stuff?" and after some further hesitation he said, "Damask"—I then asked him where he got it—he said he bought it at a sale-room—I said, "What sale-room?"—he said he did not know—I said that was very unsatisfactory—he then said he was entrusted with it by a man to sell—I asked him what man, and who he was—he said he did not know—I told him he must go to the station-house with me—he immediately said he had bought it in a public-house—I asked him what public-house—he said he did not know—when he got to the station he said he bought it at a public-house kept by a man named Webb, in Whitechapel—he said he had never dealt in any damask, or sold any before.

Cross-examined. Q. Were you examined before the Magistrate? A. Yes—what I said was taken down—I was not examined before the Grand Jury—I made no memorandum in writing of what was said.

MR. BALLANTIHE. Q. The conversation applied only to this yellow damask? A. Yes; the crimson was found at Mr. Jackson's afterwards.

WILLIAM WATKINS FRAY re-examined. Chester was in Messrs. Druce's employ, as a porter—he would have access to the place where this property was—I had seen this yellow damask last on 1st Sept.; it was all we had of it left—we found in Dec. that it was gone—between the 1st Sept. and the 14th Dec. we had not sold any of it,

THOMAS ARMENT—Aged 67.

THOMAS ARMENT. JUN.—Aged 28.

GUILTY of receiving — Transported for Ten Years . 
ARMENT, Thomas (I2104)
 
23
2 Trial Transcripts from the Old Bailey:


Trial 1:

HENRY SAMUEL CHESTER was again indicted with THOMAS ARMENT , and THOMAS ARMENT the younger , for stealing 54 1/2 yards of damask, value 25l.; the goods of Thomas Charles Druce and another, the masters of Chester: to which

CHESTER pleaded GUILTY . Aged 24.

MESSRS. BODKIN and BALLANTINE conducted the Prosecution.

WALTER CALDWELL . I am salesman to Messrs. Keith and Co., of Cheaptide. I remember selling these two pieces of crimson damask to Watson and Co., of Holborn-hill—our selling price to the trade would be 9s. 6d. a yard—the pattern of it is peculiar to ourselves; I do not believe any one else makes it—I had only these two pieces of that warp, and they were sent to Watson's—it was a job lot at 7s. 9d., or 8s. a yard.

Cross-examined by MR. HUDDLESTON. Q. Did you make no more than these two pieces? A. No; they were made for stock to sell to the first customer—I have made a good deal since of the same pattern, but not of the same quality—I have got on this one, the number and mark and length—here are fifty-four yards and a half—I have made others of this pattern cheaper than this—a warp when made a certain length would make two or three pieces—this warp made only two pieces—this is an out of the way pattern—I never saw it made by any one else—it is for curtains and for covering chairs.

THOMAS RUSSELL . I am town traveller to Messrs. Watsons, of Holborn-hill. I purchased the crimson damask of Messrs. Keith and Co.—we have one of the pieces—the other piece I sent on approval to Mesrs. Druce and Co., about 16th of Sept.—I sent for it again in Dec, I did not get it back—the piece that we had in stock is now here.

WILLIAM WATKINS FRAY . I am manager of Messrs. Thomas Charles Druce and another's business, 200, Regent-street—they have likewise an establishment at Baker-street bazaar—I received a piece of this crimson damask from Messrs. Watsons, on approval—I believe this is the piece (looking at it)—it was sent for in Dec., and we could not find it.

Cross-examined. Q. Do you say that you have not sold it? A. I have not—we do not enter in our books what we receive on approval—if we had got a customer we should have sold it, but then we should enter it in out books—I believe our books are not here—myself and Henry Payne are in Messrs. Druce's employ—there have been no others since Sept.—Henry Payne is not here—this damask has not been at Baker-street—the establish ment in Regent-street is a large establishment—the one in Baker-street it larger—there are four persons at the Baker-street basaar—if a customer wanted anything which they had not got there, they would tend to Regent-street with a written order, and the goods would then be booked and sent—Mr. Druce is in partnership with Mr. Broadhurst, and has been for six years, I believe—Mr. Druce is not a clerk to Mr. Broadhurst—the names are Druoe, Brock, and Co., at Regent-street—I do not know such t person at Brock, the firm is Druce and Broadhunt.

THOMAS COBLEY (policeman, K 65). On 14th Dec. I saw the younger Arment in Whitechapel-road—I asked him some questions, and in consequence of his answers I took him into custody—on the following day I saw some crimson damask at Mr. Jackson's, an upholsterer's, in shorediteh—I look it into my possession, but not on that occasion—this produced is it—there are from thirty-six to forty yards of it—within about a fortnight afterwards I went to Mr. Hewetson, an upholsterer, in Tottenham-court-road; I there got about eighteen yards of the damask—these are the pieces.

GEORGE SPENCEE WALL . I do not know the prisoner Chester, I have never seen him—I know the two Arments—I saw this damatk about 12th or 14th Oct., at the elder Arment's house, in the Tenter-ground—I had sold something for him before, and on going to his house he produced this damask—it was then in one piece—he asked me if I could sell it for him—I said I never did sell any, but I would try—he wanted 6s. a yard for it—I took and tried it more than a week—I could not tell it at that, being in one piece—I took one yard as a sample—this is it—I told the elder Arment, in three or four days afterwards, at bis house, that I could not tell it—I told him I was only offered 3s. 6d. a yard for it, (Mr. Jackson had offered me that)—he said he would not take that, and I never saw him again for several days afterwards—I then asked him whether he had told the damask—he said, "No, and he was inclined to take the 3s. 6d."—I went to Mr. Jackson, and told him—he said he would not mind taking it at 3s. 6d.—he had bought the whole of it, but I happened to go into Tottenham-court-road, and called at Mr. Hewet-son's, and they offered to buy some at 5s. a yard—I met Mr. Arment at he was going to Jackson's, and told him I had got a better bargain for sixteen yard of it—the younger Arment was with hit Gather then—we went into a public-house and had something to drink—we remained there about a quarter of an hour—we agreed that the younger Arment should go to Jackson's with the thirty-seven yards, and that I should take the sixteen yards to Hewetson's—the father left us at the public-house, and the younger one and I went to a haberdasher's shop at the corner of Houndsditch—the younger Arment remained outside the shop—I went in, and the gentleman in the shop cut the silk damask—I took the sixteen yards and a half—I left the remainder with young Arment—I had written a bill—this is it (looking at it)—I left it with young Arment—I took the sixteen yards and a half up to Howetson's, and left it there—I received of him 4l.—I met young Arment at seven o'clock in the evening at the Pied Horse, in Chiswell-street—I paid him the money, deducting 12s. as my commission; he gave me an acknowledgment for it—this is part of it, it tore in my pocket, and a part of it is lost—I saw him write it and sign it, I did not see the elder Arment for some time afterwards.

Cross-examined. Q. Where do you carry on business? A. At 42, Great Charles-street, City-road—I was taken into custody, and then I made a statement of all that I knew of this transaction—when they found out how it was, they made me a witness—I was discharged on my own recognizance—I have been in the habit of selling things for different persons as a commission-agent for thirty-five years—when I sell goods, I generally take a sample and show it—there was nothing in this transaction that excited my suspicion—I received a sample, and went to a number of places to try to get the price—I do not know what are called "damaged lots"—if an article is sold by itself, it will fetch a less price than if sold in bulk—I had no offer at all till Mr. Jackson gave me an offer of 3s. 6d.—I made no concealment about this—I went to some of the first houses in London—I mentioned the price I was to ask—I mentioned to Mr. Arment that I had been to a great many places, and that was the only offer I could get—he refused to let it go at that price—it might be a week afterwards that he gave me instructions to take that price—Mr. Hewetson keeps a large manufactory for bedding, and chain, and tables, in Tottenham-court-road, and Mr. Jackson is in the same way—it does happen that commission-agents sometimes do business at public-houses, and sometimes at the houses of the persons.

JOSEPH JACKSON . I am an upholsterer, and live in Shoreditch. I believe I purchased this thirty-six yards of crimson damask of Wall on 24th Oct.—I paid 3s. 6d. per yard—I paid by a check, which I produce—he was to have brought fifty-four yards, and when it came there were but thirty-six—I thought it had been Wall that brought it, but I believe it was the younger Arment—he is the penon to whom I gave the check—this is the bill of parcels (produced)—the contract was made with Wall—the person who brought the goods to me afterwards put his name to the bill of parcels.

GEORGE SPENCER WALL (re-examined). Here is ray own name written at the bottom of this invoice as making the contract—this name of "Thomas Arment," written underneath, I did not see written, it is not my name—the younger Arment is the person to whom the thirty-six yards were given with this bill to take to Mr. Jackson.

Cross-examined. Q. This has written on it, "Cash by bearer,—G. S. Wall? "A. Yes—I handed the bill to the younger Arment, with this writing on it.

MR. JACKSON, re-examined. About a month afterwards the younger Arment came to me and brought me two samples of damask—he said he had them to sell—he said I might as well buy them of him as I had bought some of him through Wall a little time before—he was a stranger to me—I said I would not buy them of him, I did not recollect him—he said I had before bought a piece of crimson damask of him through Wall, and I might as well buy it of him, as I understood him, without agency—I sold two yards of the damask at 3s. 9d. a yard.

Cross-examined. Q. How long have you been carrying on business in High-street, Shoreditch? A. Twelve or fourteen years—I believe it sometimes happens, in the course of business, that we have considerable bargains with what they call "job lots"—I suppose we have them of persons who pick them up at auctions—I cannot say whether what I gave was the value of this damask—I bought it as French goods and a job lot, not enough for a suite of furniture, which for window-curtains, chair-covers, and two couches, would require about a hundred yards—when silk is sold in a less quantity, we give a less price for it—I frequently buy of commission-agents—when young Arment came to me on the second occasion, he himself alluded to the transaction I had had with Wall—I did not recollect Arment—I drew the check for Wall.

MR. BODKIN. Q. You say you bought this as French goods; did you examine it? A. I examined the yard—I now find that it is English—I should be very much surprised to hear that it cost 9s. a yard.

HENRY FOTHERGILL . I live at Messrs. Hewetson's, in Tottenham-court-road; they are extensive upholsterers. I bought sixteen yards and a half of this damask for 5s. a yard—I did not take it for French—I paid Wall for it—he showed me a sample, from which I bought it—fifty four yards or thirty-six yards would not be enough to make a suite of furniture—I know that silk of this description is made in lengths of fifty or fifty-four yards, but you can always get more at the manufacturers—this would be used to cover a sofa or an easy chair.

SUSANNAH BATIMAN . I am the wife of Thomas Bateman; he lives at the Georgt public-house at the corner of Little Prescot-street, Goodman's-fields. I know the elder Arment—he brought this check to me on the evening of the 25th or 26th Oct., and asked me to give him cash for it—he said it was one he had taken in the course of his business—I looked at it, and said, "If you place your name at the back, I will change it for you"—he said, "I can't write; I will thank you to do it for me"—I wrote his name on the back—I knew he was a coal-merchant—I had had four tons of coals of him—I did not know he kept a coal-shed.

Cross-examined. Q. Do you know whether he is a person who sells things on commission? A. No—I never had any dealings with him, but ever since I have had that house I have known him as a customer—he asked me for an order for coals, and I gave it him—I knew his name, and wrote it for him.

LANCELOT ROWLANDSON . I am an upholsterer, and live at 83, White-chapel-road. About three months ago the younger Arment came to me, and offered to sell some crimson silk-damask similar to this—I asked him where it came from—he said he sold it for a small manufacturer in Spitalfieldi—I declined it—I believe he offered me this piece of goods at 3s. 6d.—he told me afterwards he had sold it to Mr. Jackson for 3s. 6d.

JOHN DAVIS (City-policeman, 551). I know the two Arments—the elder Arnent lives in the Tenter-ground, near Prescot-street, and keeps a coal-shed—I have seen the younger Arment; I was given to understand that be lived with his father—I have seen him down there—I know the elder Annent has kept the coalshed four or five months.

THOMAS ARMENT

THOMAS ARMENT, JUN.

NOT GUILTY




Trial 2:

HENRY SAMUEL CHESTER, THOMAS ARMENT , and THOMAS ARMENT, the younger , were again indicted for stealing 90 yards of damask, value 18l.; the goods of Thomas Charles Druce and another, the masters of Chester.— 2d COUNT, charging Thomas Arment and Thomas Arment, the younger, with receiving the same; to which

CHESTER pleaded GUILTY . Aged 24.— Transported for Ten Years.

MR. BALLANTINE conducted the Prosecution.

WILLIAM WATKINS FRAY . I am in the employ of Thomas Charles Druce and another. This buff and crimson damask belongs to them; it was not sold—I missed the exact quantity which has been found—this is a piece which was a cover of a chair which I believe to be the same—I saw this in our stock on 1st Sept.—young Arment was taken about the middle of Dec.—when I came to look for this I found it was gone.

Cross-examined by MR. HUDDLESTON. Q. From whom did you get it? A. From Messrs. Holdsworth; they are large manufacturers—I have no mark on this—I know it because I have another piece of the same pattern—this other piece of damask has no mark on it—I bought this of M'Crie and Ball; they are large manufacturers—the whole of this piece was thirty, and here are twenty-nine yards.

HINRT HOLDSWORTH . I am the agent to Messrs. Hoidsworths' manufactory, at Halifax. This buff and crimson damask is our manufacture—there were only five pieces made of this pattern and colour, and Messrs. Druce had them all.

GEORGE SPENCER WALL . I know the two Arments—I believe they live in the Tenter-ground—I have been to their house—I do not know that they live together—I saw this yellow damask once at the police-office—this buff and crimson damask I have seen before; the elder Arment gave it me to sell, I think, in Oct—I went to Mr. Jackson's, and to several places—I showed it to Mr. Jackson, but did not sell it to him—I took it back, and delivered it to old Mr. Arment—this crimson damask the elder Arment gave me to sell—I sold twenty or twenty-one yards, at 1s. 7d. a yard, to Mr. Jackson—I paid the money to the elder Arment—it was between 1l. and 2l., deducting nay own commission, 2d. a yard.

JOSEPH JACKSON . I keep a shop, in High-street, Shoreditch. I purchased this crimson damask of Wall—I believe I paid him 1s. 7d. a yard—he afterwards brought the crimson silk damask that I spoke of before, and I believe he brought this buff and crimson one together with it, if I saw this one before Wall showed it me.

COURT. Q. What is the value of that you bought at 1s. 7d.? A. I suppose 2s. 6d., or 2s. 9d., in the whole piece—I objected to the other, as it was a large pattern, and this was small.

Cross-examined. Q. Was 1s. 7d. a price you would give for a remnant? A. I could not give more—I should not consider it worth more.

ROBERT CARTER . I am a wholesale-upholsterer, and live in the Minories. I bought this crimson and buff damask of the younger Arment, about the middle of Nov., at 1s. 9d. a yard—there were thirty yards of it—I asked him where he got it—he said in exchange for packing-mats, which are mats used for packing upholstery goods—I paid him two guineas and a half for this altogether—this is a damaged piece—if it were perfect it would be worth 84s. or 85s. a piece—this was damaged in the dye, and from lying in an upholsterer's shop—it was exposed in my warehouse for three weeks, and offered for sale at 2s. a yard.

Cross-examined. Q. Is it in a saleable condition? A. Decidedly not—I

have known Arment for four years—he sold some music-stools to our people—I understood he was a seller or maker of those articles.

HENRY HOLDSWORTH re-examined. This is not damaged in the dye—it is as good a colour as you could expect—the colour did not answer my expectation, and I sold it at a reduced price, at 3s. 6d., to Messrs. Druce, for them to get a profit on it.

JAMES GEORGE HURST . I am a labourer, in the London Bocks. I know both the Arments—the younger one was a fellow-labourer with me, and I have understood that he occasionally works after hours with his brother, in making music-stools—the elder Arment keeps a coal-shed in the Tenter-ground—the younger Arment told me that he was out on bail; he did not tell me what for—after that I saw the elder Arment—he asked me if I would accompany him to the West-end for a walk—I accompanied him to Portland-street, Oxford-street—he enquired after a man named Chester—I showed him Chester's house—(I had seen Chester one week previous to that)—Chester was not at home—we went to a coffee-house, and waited—he came, and he and the elder Arment had some conversation; I did not hear any part of it—Chester gave me a sovereign and a shilling to give to the elder Arment, which I did.

Cross-examined. Q. Did you know Chester's house before? A. On 22d Dec. the younger Arment came to me while he was out on bail, and asked me to accompany him to Chester's—I was not before the Magistrate—I have not been examined as a witness by any person—they found me in the London Docks to-day, and told me what they wanted me for—I recollect the date, by its being the Friday in the week before Christmas—young Arment took me to Chester's, as a witness—Chester was not at home—we met him in the street-young Arment spoke to him—he said he was in trouble, and he wished him to advance a little money to assist him in his defence; he did not say why—that was all that took place that evening.

MR. BALLANTINE. Q. When young Arment said be wanted some money for his defence, what answer did Chester make? A. That he had none then to give him, but would give him some in a few days.

THOMAS COBLBT (policeman, K 65). On 14th Dec. I was in Whitechapel-road—I saw the younger Arment offering a piece of yellow damask for sale to Mr. Jewel, a broker—he did not buy it—I followed young Arment, and when I came up to him I asked him what he had there—he hesitated at first, and then said, "Stuff"—I said, "What stuff?" and after some further hesitation he said, "Damask"—I then asked him where he got it—he said he bought it at a sale-room—I said, "What sale-room?"—he said he did not know—I said that was very unsatisfactory—he then said he was entrusted with it by a man to sell—I asked him what man, and who he was—he said he did not know—I told him he must go to the station-house with me—he immediately said he had bought it in a public-house—I asked him what public-house—he said he did not know—when he got to the station he said he bought it at a public-house kept by a man named Webb, in Whitechapel—he said he had never dealt in any damask, or sold any before.

Cross-examined. Q. Were you examined before the Magistrate? A. Yes—what I said was taken down—I was not examined before the Grand Jury—I made no memorandum in writing of what was said.

MR. BALLANTIHE. Q. The conversation applied only to this yellow damask? A. Yes; the crimson was found at Mr. Jackson's afterwards.

WILLIAM WATKINS FRAY re-examined. Chester was in Messrs. Druce's employ, as a porter—he would have access to the place where this property was—I had seen this yellow damask last on 1st Sept.; it was all we had of it left—we found in Dec. that it was gone—between the 1st Sept. and the 14th Dec. we had not sold any of it,

THOMAS ARMENT—Aged 67.

THOMAS ARMENT. JUN.—Aged 28.

GUILTY of receiving — Transported for Ten Years . 
CHESTER, Henry Samuel (I2105)
 
24
2 Trial Transcripts from the Old Bailey:


Trial 1:

HENRY SAMUEL CHESTER was again indicted with THOMAS ARMENT , and THOMAS ARMENT the younger , for stealing 54 1/2 yards of damask, value 25l.; the goods of Thomas Charles Druce and another, the masters of Chester: to which

CHESTER pleaded GUILTY . Aged 24.

MESSRS. BODKIN and BALLANTINE conducted the Prosecution.

WALTER CALDWELL . I am salesman to Messrs. Keith and Co., of Cheaptide. I remember selling these two pieces of crimson damask to Watson and Co., of Holborn-hill—our selling price to the trade would be 9s. 6d. a yard—the pattern of it is peculiar to ourselves; I do not believe any one else makes it—I had only these two pieces of that warp, and they were sent to Watson's—it was a job lot at 7s. 9d., or 8s. a yard.

Cross-examined by MR. HUDDLESTON. Q. Did you make no more than these two pieces? A. No; they were made for stock to sell to the first customer—I have made a good deal since of the same pattern, but not of the same quality—I have got on this one, the number and mark and length—here are fifty-four yards and a half—I have made others of this pattern cheaper than this—a warp when made a certain length would make two or three pieces—this warp made only two pieces—this is an out of the way pattern—I never saw it made by any one else—it is for curtains and for covering chairs.

THOMAS RUSSELL . I am town traveller to Messrs. Watsons, of Holborn-hill. I purchased the crimson damask of Messrs. Keith and Co.—we have one of the pieces—the other piece I sent on approval to Mesrs. Druce and Co., about 16th of Sept.—I sent for it again in Dec, I did not get it back—the piece that we had in stock is now here.

WILLIAM WATKINS FRAY . I am manager of Messrs. Thomas Charles Druce and another's business, 200, Regent-street—they have likewise an establishment at Baker-street bazaar—I received a piece of this crimson damask from Messrs. Watsons, on approval—I believe this is the piece (looking at it)—it was sent for in Dec., and we could not find it.

Cross-examined. Q. Do you say that you have not sold it? A. I have not—we do not enter in our books what we receive on approval—if we had got a customer we should have sold it, but then we should enter it in out books—I believe our books are not here—myself and Henry Payne are in Messrs. Druce's employ—there have been no others since Sept.—Henry Payne is not here—this damask has not been at Baker-street—the establish ment in Regent-street is a large establishment—the one in Baker-street it larger—there are four persons at the Baker-street basaar—if a customer wanted anything which they had not got there, they would tend to Regent-street with a written order, and the goods would then be booked and sent—Mr. Druce is in partnership with Mr. Broadhurst, and has been for six years, I believe—Mr. Druce is not a clerk to Mr. Broadhurst—the names are Druoe, Brock, and Co., at Regent-street—I do not know such t person at Brock, the firm is Druce and Broadhunt.

THOMAS COBLEY (policeman, K 65). On 14th Dec. I saw the younger Arment in Whitechapel-road—I asked him some questions, and in consequence of his answers I took him into custody—on the following day I saw some crimson damask at Mr. Jackson's, an upholsterer's, in shorediteh—I look it into my possession, but not on that occasion—this produced is it—there are from thirty-six to forty yards of it—within about a fortnight afterwards I went to Mr. Hewetson, an upholsterer, in Tottenham-court-road; I there got about eighteen yards of the damask—these are the pieces.

GEORGE SPENCEE WALL . I do not know the prisoner Chester, I have never seen him—I know the two Arments—I saw this damatk about 12th or 14th Oct., at the elder Arment's house, in the Tenter-ground—I had sold something for him before, and on going to his house he produced this damask—it was then in one piece—he asked me if I could sell it for him—I said I never did sell any, but I would try—he wanted 6s. a yard for it—I took and tried it more than a week—I could not tell it at that, being in one piece—I took one yard as a sample—this is it—I told the elder Arment, in three or four days afterwards, at bis house, that I could not tell it—I told him I was only offered 3s. 6d. a yard for it, (Mr. Jackson had offered me that)—he said he would not take that, and I never saw him again for several days afterwards—I then asked him whether he had told the damask—he said, "No, and he was inclined to take the 3s. 6d."—I went to Mr. Jackson, and told him—he said he would not mind taking it at 3s. 6d.—he had bought the whole of it, but I happened to go into Tottenham-court-road, and called at Mr. Hewet-son's, and they offered to buy some at 5s. a yard—I met Mr. Arment at he was going to Jackson's, and told him I had got a better bargain for sixteen yard of it—the younger Arment was with hit Gather then—we went into a public-house and had something to drink—we remained there about a quarter of an hour—we agreed that the younger Arment should go to Jackson's with the thirty-seven yards, and that I should take the sixteen yards to Hewetson's—the father left us at the public-house, and the younger one and I went to a haberdasher's shop at the corner of Houndsditch—the younger Arment remained outside the shop—I went in, and the gentleman in the shop cut the silk damask—I took the sixteen yards and a half—I left the remainder with young Arment—I had written a bill—this is it (looking at it)—I left it with young Arment—I took the sixteen yards and a half up to Howetson's, and left it there—I received of him 4l.—I met young Arment at seven o'clock in the evening at the Pied Horse, in Chiswell-street—I paid him the money, deducting 12s. as my commission; he gave me an acknowledgment for it—this is part of it, it tore in my pocket, and a part of it is lost—I saw him write it and sign it, I did not see the elder Arment for some time afterwards.

Cross-examined. Q. Where do you carry on business? A. At 42, Great Charles-street, City-road—I was taken into custody, and then I made a statement of all that I knew of this transaction—when they found out how it was, they made me a witness—I was discharged on my own recognizance—I have been in the habit of selling things for different persons as a commission-agent for thirty-five years—when I sell goods, I generally take a sample and show it—there was nothing in this transaction that excited my suspicion—I received a sample, and went to a number of places to try to get the price—I do not know what are called "damaged lots"—if an article is sold by itself, it will fetch a less price than if sold in bulk—I had no offer at all till Mr. Jackson gave me an offer of 3s. 6d.—I made no concealment about this—I went to some of the first houses in London—I mentioned the price I was to ask—I mentioned to Mr. Arment that I had been to a great many places, and that was the only offer I could get—he refused to let it go at that price—it might be a week afterwards that he gave me instructions to take that price—Mr. Hewetson keeps a large manufactory for bedding, and chain, and tables, in Tottenham-court-road, and Mr. Jackson is in the same way—it does happen that commission-agents sometimes do business at public-houses, and sometimes at the houses of the persons.

JOSEPH JACKSON . I am an upholsterer, and live in Shoreditch. I believe I purchased this thirty-six yards of crimson damask of Wall on 24th Oct.—I paid 3s. 6d. per yard—I paid by a check, which I produce—he was to have brought fifty-four yards, and when it came there were but thirty-six—I thought it had been Wall that brought it, but I believe it was the younger Arment—he is the penon to whom I gave the check—this is the bill of parcels (produced)—the contract was made with Wall—the person who brought the goods to me afterwards put his name to the bill of parcels.

GEORGE SPENCER WALL (re-examined). Here is ray own name written at the bottom of this invoice as making the contract—this name of "Thomas Arment," written underneath, I did not see written, it is not my name—the younger Arment is the person to whom the thirty-six yards were given with this bill to take to Mr. Jackson.

Cross-examined. Q. This has written on it, "Cash by bearer,—G. S. Wall? "A. Yes—I handed the bill to the younger Arment, with this writing on it.

MR. JACKSON, re-examined. About a month afterwards the younger Arment came to me and brought me two samples of damask—he said he had them to sell—he said I might as well buy them of him as I had bought some of him through Wall a little time before—he was a stranger to me—I said I would not buy them of him, I did not recollect him—he said I had before bought a piece of crimson damask of him through Wall, and I might as well buy it of him, as I understood him, without agency—I sold two yards of the damask at 3s. 9d. a yard.

Cross-examined. Q. How long have you been carrying on business in High-street, Shoreditch? A. Twelve or fourteen years—I believe it sometimes happens, in the course of business, that we have considerable bargains with what they call "job lots"—I suppose we have them of persons who pick them up at auctions—I cannot say whether what I gave was the value of this damask—I bought it as French goods and a job lot, not enough for a suite of furniture, which for window-curtains, chair-covers, and two couches, would require about a hundred yards—when silk is sold in a less quantity, we give a less price for it—I frequently buy of commission-agents—when young Arment came to me on the second occasion, he himself alluded to the transaction I had had with Wall—I did not recollect Arment—I drew the check for Wall.

MR. BODKIN. Q. You say you bought this as French goods; did you examine it? A. I examined the yard—I now find that it is English—I should be very much surprised to hear that it cost 9s. a yard.

HENRY FOTHERGILL . I live at Messrs. Hewetson's, in Tottenham-court-road; they are extensive upholsterers. I bought sixteen yards and a half of this damask for 5s. a yard—I did not take it for French—I paid Wall for it—he showed me a sample, from which I bought it—fifty four yards or thirty-six yards would not be enough to make a suite of furniture—I know that silk of this description is made in lengths of fifty or fifty-four yards, but you can always get more at the manufacturers—this would be used to cover a sofa or an easy chair.

SUSANNAH BATIMAN . I am the wife of Thomas Bateman; he lives at the Georgt public-house at the corner of Little Prescot-street, Goodman's-fields. I know the elder Arment—he brought this check to me on the evening of the 25th or 26th Oct., and asked me to give him cash for it—he said it was one he had taken in the course of his business—I looked at it, and said, "If you place your name at the back, I will change it for you"—he said, "I can't write; I will thank you to do it for me"—I wrote his name on the back—I knew he was a coal-merchant—I had had four tons of coals of him—I did not know he kept a coal-shed.

Cross-examined. Q. Do you know whether he is a person who sells things on commission? A. No—I never had any dealings with him, but ever since I have had that house I have known him as a customer—he asked me for an order for coals, and I gave it him—I knew his name, and wrote it for him.

LANCELOT ROWLANDSON . I am an upholsterer, and live at 83, White-chapel-road. About three months ago the younger Arment came to me, and offered to sell some crimson silk-damask similar to this—I asked him where it came from—he said he sold it for a small manufacturer in Spitalfieldi—I declined it—I believe he offered me this piece of goods at 3s. 6d.—he told me afterwards he had sold it to Mr. Jackson for 3s. 6d.

JOHN DAVIS (City-policeman, 551). I know the two Arments—the elder Arnent lives in the Tenter-ground, near Prescot-street, and keeps a coal-shed—I have seen the younger Arment; I was given to understand that be lived with his father—I have seen him down there—I know the elder Annent has kept the coalshed four or five months.

THOMAS ARMENT

THOMAS ARMENT, JUN.

NOT GUILTY




Trial 2:

HENRY SAMUEL CHESTER, THOMAS ARMENT , and THOMAS ARMENT, the younger , were again indicted for stealing 90 yards of damask, value 18l.; the goods of Thomas Charles Druce and another, the masters of Chester.— 2d COUNT, charging Thomas Arment and Thomas Arment, the younger, with receiving the same; to which

CHESTER pleaded GUILTY . Aged 24.— Transported for Ten Years.

MR. BALLANTINE conducted the Prosecution.

WILLIAM WATKINS FRAY . I am in the employ of Thomas Charles Druce and another. This buff and crimson damask belongs to them; it was not sold—I missed the exact quantity which has been found—this is a piece which was a cover of a chair which I believe to be the same—I saw this in our stock on 1st Sept.—young Arment was taken about the middle of Dec.—when I came to look for this I found it was gone.

Cross-examined by MR. HUDDLESTON. Q. From whom did you get it? A. From Messrs. Holdsworth; they are large manufacturers—I have no mark on this—I know it because I have another piece of the same pattern—this other piece of damask has no mark on it—I bought this of M'Crie and Ball; they are large manufacturers—the whole of this piece was thirty, and here are twenty-nine yards.

HINRT HOLDSWORTH . I am the agent to Messrs. Hoidsworths' manufactory, at Halifax. This buff and crimson damask is our manufacture—there were only five pieces made of this pattern and colour, and Messrs. Druce had them all.

GEORGE SPENCER WALL . I know the two Arments—I believe they live in the Tenter-ground—I have been to their house—I do not know that they live together—I saw this yellow damask once at the police-office—this buff and crimson damask I have seen before; the elder Arment gave it me to sell, I think, in Oct—I went to Mr. Jackson's, and to several places—I showed it to Mr. Jackson, but did not sell it to him—I took it back, and delivered it to old Mr. Arment—this crimson damask the elder Arment gave me to sell—I sold twenty or twenty-one yards, at 1s. 7d. a yard, to Mr. Jackson—I paid the money to the elder Arment—it was between 1l. and 2l., deducting nay own commission, 2d. a yard.

JOSEPH JACKSON . I keep a shop, in High-street, Shoreditch. I purchased this crimson damask of Wall—I believe I paid him 1s. 7d. a yard—he afterwards brought the crimson silk damask that I spoke of before, and I believe he brought this buff and crimson one together with it, if I saw this one before Wall showed it me.

COURT. Q. What is the value of that you bought at 1s. 7d.? A. I suppose 2s. 6d., or 2s. 9d., in the whole piece—I objected to the other, as it was a large pattern, and this was small.

Cross-examined. Q. Was 1s. 7d. a price you would give for a remnant? A. I could not give more—I should not consider it worth more.

ROBERT CARTER . I am a wholesale-upholsterer, and live in the Minories. I bought this crimson and buff damask of the younger Arment, about the middle of Nov., at 1s. 9d. a yard—there were thirty yards of it—I asked him where he got it—he said in exchange for packing-mats, which are mats used for packing upholstery goods—I paid him two guineas and a half for this altogether—this is a damaged piece—if it were perfect it would be worth 84s. or 85s. a piece—this was damaged in the dye, and from lying in an upholsterer's shop—it was exposed in my warehouse for three weeks, and offered for sale at 2s. a yard.

Cross-examined. Q. Is it in a saleable condition? A. Decidedly not—I

have known Arment for four years—he sold some music-stools to our people—I understood he was a seller or maker of those articles.

HENRY HOLDSWORTH re-examined. This is not damaged in the dye—it is as good a colour as you could expect—the colour did not answer my expectation, and I sold it at a reduced price, at 3s. 6d., to Messrs. Druce, for them to get a profit on it.

JAMES GEORGE HURST . I am a labourer, in the London Bocks. I know both the Arments—the younger one was a fellow-labourer with me, and I have understood that he occasionally works after hours with his brother, in making music-stools—the elder Arment keeps a coal-shed in the Tenter-ground—the younger Arment told me that he was out on bail; he did not tell me what for—after that I saw the elder Arment—he asked me if I would accompany him to the West-end for a walk—I accompanied him to Portland-street, Oxford-street—he enquired after a man named Chester—I showed him Chester's house—(I had seen Chester one week previous to that)—Chester was not at home—we went to a coffee-house, and waited—he came, and he and the elder Arment had some conversation; I did not hear any part of it—Chester gave me a sovereign and a shilling to give to the elder Arment, which I did.

Cross-examined. Q. Did you know Chester's house before? A. On 22d Dec. the younger Arment came to me while he was out on bail, and asked me to accompany him to Chester's—I was not before the Magistrate—I have not been examined as a witness by any person—they found me in the London Docks to-day, and told me what they wanted me for—I recollect the date, by its being the Friday in the week before Christmas—young Arment took me to Chester's, as a witness—Chester was not at home—we met him in the street-young Arment spoke to him—he said he was in trouble, and he wished him to advance a little money to assist him in his defence; he did not say why—that was all that took place that evening.

MR. BALLANTINE. Q. When young Arment said be wanted some money for his defence, what answer did Chester make? A. That he had none then to give him, but would give him some in a few days.

THOMAS COBLBT (policeman, K 65). On 14th Dec. I was in Whitechapel-road—I saw the younger Arment offering a piece of yellow damask for sale to Mr. Jewel, a broker—he did not buy it—I followed young Arment, and when I came up to him I asked him what he had there—he hesitated at first, and then said, "Stuff"—I said, "What stuff?" and after some further hesitation he said, "Damask"—I then asked him where he got it—he said he bought it at a sale-room—I said, "What sale-room?"—he said he did not know—I said that was very unsatisfactory—he then said he was entrusted with it by a man to sell—I asked him what man, and who he was—he said he did not know—I told him he must go to the station-house with me—he immediately said he had bought it in a public-house—I asked him what public-house—he said he did not know—when he got to the station he said he bought it at a public-house kept by a man named Webb, in Whitechapel—he said he had never dealt in any damask, or sold any before.

Cross-examined. Q. Were you examined before the Magistrate? A. Yes—what I said was taken down—I was not examined before the Grand Jury—I made no memorandum in writing of what was said.

MR. BALLANTIHE. Q. The conversation applied only to this yellow damask? A. Yes; the crimson was found at Mr. Jackson's afterwards.

WILLIAM WATKINS FRAY re-examined. Chester was in Messrs. Druce's employ, as a porter—he would have access to the place where this property was—I had seen this yellow damask last on 1st Sept.; it was all we had of it left—we found in Dec. that it was gone—between the 1st Sept. and the 14th Dec. we had not sold any of it,

THOMAS ARMENT—Aged 67.

THOMAS ARMENT. JUN.—Aged 28.

GUILTY of receiving — Transported for Ten Years . 
ARMENT, Thomas The Younger (I2103)
 
25
2 Trial Transcripts from the Old Bailey:


Trial 1:

HENRY SAMUEL CHESTER was again indicted with THOMAS ARMENT , and THOMAS ARMENT the younger , for stealing 54 1/2 yards of damask, value 25l.; the goods of Thomas Charles Druce and another, the masters of Chester: to which

CHESTER pleaded GUILTY . Aged 24.

MESSRS. BODKIN and BALLANTINE conducted the Prosecution.

WALTER CALDWELL . I am salesman to Messrs. Keith and Co., of Cheaptide. I remember selling these two pieces of crimson damask to Watson and Co., of Holborn-hill—our selling price to the trade would be 9s. 6d. a yard—the pattern of it is peculiar to ourselves; I do not believe any one else makes it—I had only these two pieces of that warp, and they were sent to Watson's—it was a job lot at 7s. 9d., or 8s. a yard.

Cross-examined by MR. HUDDLESTON. Q. Did you make no more than these two pieces? A. No; they were made for stock to sell to the first customer—I have made a good deal since of the same pattern, but not of the same quality—I have got on this one, the number and mark and length—here are fifty-four yards and a half—I have made others of this pattern cheaper than this—a warp when made a certain length would make two or three pieces—this warp made only two pieces—this is an out of the way pattern—I never saw it made by any one else—it is for curtains and for covering chairs.

THOMAS RUSSELL . I am town traveller to Messrs. Watsons, of Holborn-hill. I purchased the crimson damask of Messrs. Keith and Co.—we have one of the pieces—the other piece I sent on approval to Mesrs. Druce and Co., about 16th of Sept.—I sent for it again in Dec, I did not get it back—the piece that we had in stock is now here.

WILLIAM WATKINS FRAY . I am manager of Messrs. Thomas Charles Druce and another's business, 200, Regent-street—they have likewise an establishment at Baker-street bazaar—I received a piece of this crimson damask from Messrs. Watsons, on approval—I believe this is the piece (looking at it)—it was sent for in Dec., and we could not find it.

Cross-examined. Q. Do you say that you have not sold it? A. I have not—we do not enter in our books what we receive on approval—if we had got a customer we should have sold it, but then we should enter it in out books—I believe our books are not here—myself and Henry Payne are in Messrs. Druce's employ—there have been no others since Sept.—Henry Payne is not here—this damask has not been at Baker-street—the establish ment in Regent-street is a large establishment—the one in Baker-street it larger—there are four persons at the Baker-street basaar—if a customer wanted anything which they had not got there, they would tend to Regent-street with a written order, and the goods would then be booked and sent—Mr. Druce is in partnership with Mr. Broadhurst, and has been for six years, I believe—Mr. Druce is not a clerk to Mr. Broadhurst—the names are Druoe, Brock, and Co., at Regent-street—I do not know such t person at Brock, the firm is Druce and Broadhunt.

THOMAS COBLEY (policeman, K 65). On 14th Dec. I saw the younger Arment in Whitechapel-road—I asked him some questions, and in consequence of his answers I took him into custody—on the following day I saw some crimson damask at Mr. Jackson's, an upholsterer's, in shorediteh—I look it into my possession, but not on that occasion—this produced is it—there are from thirty-six to forty yards of it—within about a fortnight afterwards I went to Mr. Hewetson, an upholsterer, in Tottenham-court-road; I there got about eighteen yards of the damask—these are the pieces.

GEORGE SPENCEE WALL . I do not know the prisoner Chester, I have never seen him—I know the two Arments—I saw this damatk about 12th or 14th Oct., at the elder Arment's house, in the Tenter-ground—I had sold something for him before, and on going to his house he produced this damask—it was then in one piece—he asked me if I could sell it for him—I said I never did sell any, but I would try—he wanted 6s. a yard for it—I took and tried it more than a week—I could not tell it at that, being in one piece—I took one yard as a sample—this is it—I told the elder Arment, in three or four days afterwards, at bis house, that I could not tell it—I told him I was only offered 3s. 6d. a yard for it, (Mr. Jackson had offered me that)—he said he would not take that, and I never saw him again for several days afterwards—I then asked him whether he had told the damask—he said, "No, and he was inclined to take the 3s. 6d."—I went to Mr. Jackson, and told him—he said he would not mind taking it at 3s. 6d.—he had bought the whole of it, but I happened to go into Tottenham-court-road, and called at Mr. Hewet-son's, and they offered to buy some at 5s. a yard—I met Mr. Arment at he was going to Jackson's, and told him I had got a better bargain for sixteen yard of it—the younger Arment was with hit Gather then—we went into a public-house and had something to drink—we remained there about a quarter of an hour—we agreed that the younger Arment should go to Jackson's with the thirty-seven yards, and that I should take the sixteen yards to Hewetson's—the father left us at the public-house, and the younger one and I went to a haberdasher's shop at the corner of Houndsditch—the younger Arment remained outside the shop—I went in, and the gentleman in the shop cut the silk damask—I took the sixteen yards and a half—I left the remainder with young Arment—I had written a bill—this is it (looking at it)—I left it with young Arment—I took the sixteen yards and a half up to Howetson's, and left it there—I received of him 4l.—I met young Arment at seven o'clock in the evening at the Pied Horse, in Chiswell-street—I paid him the money, deducting 12s. as my commission; he gave me an acknowledgment for it—this is part of it, it tore in my pocket, and a part of it is lost—I saw him write it and sign it, I did not see the elder Arment for some time afterwards.

Cross-examined. Q. Where do you carry on business? A. At 42, Great Charles-street, City-road—I was taken into custody, and then I made a statement of all that I knew of this transaction—when they found out how it was, they made me a witness—I was discharged on my own recognizance—I have been in the habit of selling things for different persons as a commission-agent for thirty-five years—when I sell goods, I generally take a sample and show it—there was nothing in this transaction that excited my suspicion—I received a sample, and went to a number of places to try to get the price—I do not know what are called "damaged lots"—if an article is sold by itself, it will fetch a less price than if sold in bulk—I had no offer at all till Mr. Jackson gave me an offer of 3s. 6d.—I made no concealment about this—I went to some of the first houses in London—I mentioned the price I was to ask—I mentioned to Mr. Arment that I had been to a great many places, and that was the only offer I could get—he refused to let it go at that price—it might be a week afterwards that he gave me instructions to take that price—Mr. Hewetson keeps a large manufactory for bedding, and chain, and tables, in Tottenham-court-road, and Mr. Jackson is in the same way—it does happen that commission-agents sometimes do business at public-houses, and sometimes at the houses of the persons.

JOSEPH JACKSON . I am an upholsterer, and live in Shoreditch. I believe I purchased this thirty-six yards of crimson damask of Wall on 24th Oct.—I paid 3s. 6d. per yard—I paid by a check, which I produce—he was to have brought fifty-four yards, and when it came there were but thirty-six—I thought it had been Wall that brought it, but I believe it was the younger Arment—he is the penon to whom I gave the check—this is the bill of parcels (produced)—the contract was made with Wall—the person who brought the goods to me afterwards put his name to the bill of parcels.

GEORGE SPENCER WALL (re-examined). Here is ray own name written at the bottom of this invoice as making the contract—this name of "Thomas Arment," written underneath, I did not see written, it is not my name—the younger Arment is the person to whom the thirty-six yards were given with this bill to take to Mr. Jackson.

Cross-examined. Q. This has written on it, "Cash by bearer,—G. S. Wall? "A. Yes—I handed the bill to the younger Arment, with this writing on it.

MR. JACKSON, re-examined. About a month afterwards the younger Arment came to me and brought me two samples of damask—he said he had them to sell—he said I might as well buy them of him as I had bought some of him through Wall a little time before—he was a stranger to me—I said I would not buy them of him, I did not recollect him—he said I had before bought a piece of crimson damask of him through Wall, and I might as well buy it of him, as I understood him, without agency—I sold two yards of the damask at 3s. 9d. a yard.

Cross-examined. Q. How long have you been carrying on business in High-street, Shoreditch? A. Twelve or fourteen years—I believe it sometimes happens, in the course of business, that we have considerable bargains with what they call "job lots"—I suppose we have them of persons who pick them up at auctions—I cannot say whether what I gave was the value of this damask—I bought it as French goods and a job lot, not enough for a suite of furniture, which for window-curtains, chair-covers, and two couches, would require about a hundred yards—when silk is sold in a less quantity, we give a less price for it—I frequently buy of commission-agents—when young Arment came to me on the second occasion, he himself alluded to the transaction I had had with Wall—I did not recollect Arment—I drew the check for Wall.

MR. BODKIN. Q. You say you bought this as French goods; did you examine it? A. I examined the yard—I now find that it is English—I should be very much surprised to hear that it cost 9s. a yard.

HENRY FOTHERGILL . I live at Messrs. Hewetson's, in Tottenham-court-road; they are extensive upholsterers. I bought sixteen yards and a half of this damask for 5s. a yard—I did not take it for French—I paid Wall for it—he showed me a sample, from which I bought it—fifty four yards or thirty-six yards would not be enough to make a suite of furniture—I know that silk of this description is made in lengths of fifty or fifty-four yards, but you can always get more at the manufacturers—this would be used to cover a sofa or an easy chair.

SUSANNAH BATIMAN . I am the wife of Thomas Bateman; he lives at the Georgt public-house at the corner of Little Prescot-street, Goodman's-fields. I know the elder Arment—he brought this check to me on the evening of the 25th or 26th Oct., and asked me to give him cash for it—he said it was one he had taken in the course of his business—I looked at it, and said, "If you place your name at the back, I will change it for you"—he said, "I can't write; I will thank you to do it for me"—I wrote his name on the back—I knew he was a coal-merchant—I had had four tons of coals of him—I did not know he kept a coal-shed.

Cross-examined. Q. Do you know whether he is a person who sells things on commission? A. No—I never had any dealings with him, but ever since I have had that house I have known him as a customer—he asked me for an order for coals, and I gave it him—I knew his name, and wrote it for him.

LANCELOT ROWLANDSON . I am an upholsterer, and live at 83, White-chapel-road. About three months ago the younger Arment came to me, and offered to sell some crimson silk-damask similar to this—I asked him where it came from—he said he sold it for a small manufacturer in Spitalfieldi—I declined it—I believe he offered me this piece of goods at 3s. 6d.—he told me afterwards he had sold it to Mr. Jackson for 3s. 6d.

JOHN DAVIS (City-policeman, 551). I know the two Arments—the elder Arnent lives in the Tenter-ground, near Prescot-street, and keeps a coal-shed—I have seen the younger Arment; I was given to understand that be lived with his father—I have seen him down there—I know the elder Annent has kept the coalshed four or five months.

THOMAS ARMENT

THOMAS ARMENT, JUN.

NOT GUILTY




Trial 2:

HENRY SAMUEL CHESTER, THOMAS ARMENT , and THOMAS ARMENT, the younger , were again indicted for stealing 90 yards of damask, value 18l.; the goods of Thomas Charles Druce and another, the masters of Chester.— 2d COUNT, charging Thomas Arment and Thomas Arment, the younger, with receiving the same; to which

CHESTER pleaded GUILTY . Aged 24.— Transported for Ten Years.

MR. BALLANTINE conducted the Prosecution.

WILLIAM WATKINS FRAY . I am in the employ of Thomas Charles Druce and another. This buff and crimson damask belongs to them; it was not sold—I missed the exact quantity which has been found—this is a piece which was a cover of a chair which I believe to be the same—I saw this in our stock on 1st Sept.—young Arment was taken about the middle of Dec.—when I came to look for this I found it was gone.

Cross-examined by MR. HUDDLESTON. Q. From whom did you get it? A. From Messrs. Holdsworth; they are large manufacturers—I have no mark on this—I know it because I have another piece of the same pattern—this other piece of damask has no mark on it—I bought this of M'Crie and Ball; they are large manufacturers—the whole of this piece was thirty, and here are twenty-nine yards.

HINRT HOLDSWORTH . I am the agent to Messrs. Hoidsworths' manufactory, at Halifax. This buff and crimson damask is our manufacture—there were only five pieces made of this pattern and colour, and Messrs. Druce had them all.

GEORGE SPENCER WALL . I know the two Arments—I believe they live in the Tenter-ground—I have been to their house—I do not know that they live together—I saw this yellow damask once at the police-office—this buff and crimson damask I have seen before; the elder Arment gave it me to sell, I think, in Oct—I went to Mr. Jackson's, and to several places—I showed it to Mr. Jackson, but did not sell it to him—I took it back, and delivered it to old Mr. Arment—this crimson damask the elder Arment gave me to sell—I sold twenty or twenty-one yards, at 1s. 7d. a yard, to Mr. Jackson—I paid the money to the elder Arment—it was between 1l. and 2l., deducting nay own commission, 2d. a yard.

JOSEPH JACKSON . I keep a shop, in High-street, Shoreditch. I purchased this crimson damask of Wall—I believe I paid him 1s. 7d. a yard—he afterwards brought the crimson silk damask that I spoke of before, and I believe he brought this buff and crimson one together with it, if I saw this one before Wall showed it me.

COURT. Q. What is the value of that you bought at 1s. 7d.? A. I suppose 2s. 6d., or 2s. 9d., in the whole piece—I objected to the other, as it was a large pattern, and this was small.

Cross-examined. Q. Was 1s. 7d. a price you would give for a remnant? A. I could not give more—I should not consider it worth more.

ROBERT CARTER . I am a wholesale-upholsterer, and live in the Minories. I bought this crimson and buff damask of the younger Arment, about the middle of Nov., at 1s. 9d. a yard—there were thirty yards of it—I asked him where he got it—he said in exchange for packing-mats, which are mats used for packing upholstery goods—I paid him two guineas and a half for this altogether—this is a damaged piece—if it were perfect it would be worth 84s. or 85s. a piece—this was damaged in the dye, and from lying in an upholsterer's shop—it was exposed in my warehouse for three weeks, and offered for sale at 2s. a yard.

Cross-examined. Q. Is it in a saleable condition? A. Decidedly not—I

have known Arment for four years—he sold some music-stools to our people—I understood he was a seller or maker of those articles.

HENRY HOLDSWORTH re-examined. This is not damaged in the dye—it is as good a colour as you could expect—the colour did not answer my expectation, and I sold it at a reduced price, at 3s. 6d., to Messrs. Druce, for them to get a profit on it.

JAMES GEORGE HURST . I am a labourer, in the London Bocks. I know both the Arments—the younger one was a fellow-labourer with me, and I have understood that he occasionally works after hours with his brother, in making music-stools—the elder Arment keeps a coal-shed in the Tenter-ground—the younger Arment told me that he was out on bail; he did not tell me what for—after that I saw the elder Arment—he asked me if I would accompany him to the West-end for a walk—I accompanied him to Portland-street, Oxford-street—he enquired after a man named Chester—I showed him Chester's house—(I had seen Chester one week previous to that)—Chester was not at home—we went to a coffee-house, and waited—he came, and he and the elder Arment had some conversation; I did not hear any part of it—Chester gave me a sovereign and a shilling to give to the elder Arment, which I did.

Cross-examined. Q. Did you know Chester's house before? A. On 22d Dec. the younger Arment came to me while he was out on bail, and asked me to accompany him to Chester's—I was not before the Magistrate—I have not been examined as a witness by any person—they found me in the London Docks to-day, and told me what they wanted me for—I recollect the date, by its being the Friday in the week before Christmas—young Arment took me to Chester's, as a witness—Chester was not at home—we met him in the street-young Arment spoke to him—he said he was in trouble, and he wished him to advance a little money to assist him in his defence; he did not say why—that was all that took place that evening.

MR. BALLANTINE. Q. When young Arment said be wanted some money for his defence, what answer did Chester make? A. That he had none then to give him, but would give him some in a few days.

THOMAS COBLBT (policeman, K 65). On 14th Dec. I was in Whitechapel-road—I saw the younger Arment offering a piece of yellow damask for sale to Mr. Jewel, a broker—he did not buy it—I followed young Arment, and when I came up to him I asked him what he had there—he hesitated at first, and then said, "Stuff"—I said, "What stuff?" and after some further hesitation he said, "Damask"—I then asked him where he got it—he said he bought it at a sale-room—I said, "What sale-room?"—he said he did not know—I said that was very unsatisfactory—he then said he was entrusted with it by a man to sell—I asked him what man, and who he was—he said he did not know—I told him he must go to the station-house with me—he immediately said he had bought it in a public-house—I asked him what public-house—he said he did not know—when he got to the station he said he bought it at a public-house kept by a man named Webb, in Whitechapel—he said he had never dealt in any damask, or sold any before.

Cross-examined. Q. Were you examined before the Magistrate? A. Yes—what I said was taken down—I was not examined before the Grand Jury—I made no memorandum in writing of what was said.

MR. BALLANTIHE. Q. The conversation applied only to this yellow damask? A. Yes; the crimson was found at Mr. Jackson's afterwards.

WILLIAM WATKINS FRAY re-examined. Chester was in Messrs. Druce's employ, as a porter—he would have access to the place where this property was—I had seen this yellow damask last on 1st Sept.; it was all we had of it left—we found in Dec. that it was gone—between the 1st Sept. and the 14th Dec. we had not sold any of it,

THOMAS ARMENT—Aged 67.

THOMAS ARMENT. JUN.—Aged 28.

GUILTY of receiving — Transported for Ten Years . 
ARMENT, Thomas (I2104)
 
26
2 Trial Transcripts from the Old Bailey:


Trial 1:

HENRY SAMUEL CHESTER was again indicted with THOMAS ARMENT , and THOMAS ARMENT the younger , for stealing 54 1/2 yards of damask, value 25l.; the goods of Thomas Charles Druce and another, the masters of Chester: to which

CHESTER pleaded GUILTY . Aged 24.

MESSRS. BODKIN and BALLANTINE conducted the Prosecution.

WALTER CALDWELL . I am salesman to Messrs. Keith and Co., of Cheaptide. I remember selling these two pieces of crimson damask to Watson and Co., of Holborn-hill—our selling price to the trade would be 9s. 6d. a yard—the pattern of it is peculiar to ourselves; I do not believe any one else makes it—I had only these two pieces of that warp, and they were sent to Watson's—it was a job lot at 7s. 9d., or 8s. a yard.

Cross-examined by MR. HUDDLESTON. Q. Did you make no more than these two pieces? A. No; they were made for stock to sell to the first customer—I have made a good deal since of the same pattern, but not of the same quality—I have got on this one, the number and mark and length—here are fifty-four yards and a half—I have made others of this pattern cheaper than this—a warp when made a certain length would make two or three pieces—this warp made only two pieces—this is an out of the way pattern—I never saw it made by any one else—it is for curtains and for covering chairs.

THOMAS RUSSELL . I am town traveller to Messrs. Watsons, of Holborn-hill. I purchased the crimson damask of Messrs. Keith and Co.—we have one of the pieces—the other piece I sent on approval to Mesrs. Druce and Co., about 16th of Sept.—I sent for it again in Dec, I did not get it back—the piece that we had in stock is now here.

WILLIAM WATKINS FRAY . I am manager of Messrs. Thomas Charles Druce and another's business, 200, Regent-street—they have likewise an establishment at Baker-street bazaar—I received a piece of this crimson damask from Messrs. Watsons, on approval—I believe this is the piece (looking at it)—it was sent for in Dec., and we could not find it.

Cross-examined. Q. Do you say that you have not sold it? A. I have not—we do not enter in our books what we receive on approval—if we had got a customer we should have sold it, but then we should enter it in out books—I believe our books are not here—myself and Henry Payne are in Messrs. Druce's employ—there have been no others since Sept.—Henry Payne is not here—this damask has not been at Baker-street—the establish ment in Regent-street is a large establishment—the one in Baker-street it larger—there are four persons at the Baker-street basaar—if a customer wanted anything which they had not got there, they would tend to Regent-street with a written order, and the goods would then be booked and sent—Mr. Druce is in partnership with Mr. Broadhurst, and has been for six years, I believe—Mr. Druce is not a clerk to Mr. Broadhurst—the names are Druoe, Brock, and Co., at Regent-street—I do not know such t person at Brock, the firm is Druce and Broadhunt.

THOMAS COBLEY (policeman, K 65). On 14th Dec. I saw the younger Arment in Whitechapel-road—I asked him some questions, and in consequence of his answers I took him into custody—on the following day I saw some crimson damask at Mr. Jackson's, an upholsterer's, in shorediteh—I look it into my possession, but not on that occasion—this produced is it—there are from thirty-six to forty yards of it—within about a fortnight afterwards I went to Mr. Hewetson, an upholsterer, in Tottenham-court-road; I there got about eighteen yards of the damask—these are the pieces.

GEORGE SPENCEE WALL . I do not know the prisoner Chester, I have never seen him—I know the two Arments—I saw this damatk about 12th or 14th Oct., at the elder Arment's house, in the Tenter-ground—I had sold something for him before, and on going to his house he produced this damask—it was then in one piece—he asked me if I could sell it for him—I said I never did sell any, but I would try—he wanted 6s. a yard for it—I took and tried it more than a week—I could not tell it at that, being in one piece—I took one yard as a sample—this is it—I told the elder Arment, in three or four days afterwards, at bis house, that I could not tell it—I told him I was only offered 3s. 6d. a yard for it, (Mr. Jackson had offered me that)—he said he would not take that, and I never saw him again for several days afterwards—I then asked him whether he had told the damask—he said, "No, and he was inclined to take the 3s. 6d."—I went to Mr. Jackson, and told him—he said he would not mind taking it at 3s. 6d.—he had bought the whole of it, but I happened to go into Tottenham-court-road, and called at Mr. Hewet-son's, and they offered to buy some at 5s. a yard—I met Mr. Arment at he was going to Jackson's, and told him I had got a better bargain for sixteen yard of it—the younger Arment was with hit Gather then—we went into a public-house and had something to drink—we remained there about a quarter of an hour—we agreed that the younger Arment should go to Jackson's with the thirty-seven yards, and that I should take the sixteen yards to Hewetson's—the father left us at the public-house, and the younger one and I went to a haberdasher's shop at the corner of Houndsditch—the younger Arment remained outside the shop—I went in, and the gentleman in the shop cut the silk damask—I took the sixteen yards and a half—I left the remainder with young Arment—I had written a bill—this is it (looking at it)—I left it with young Arment—I took the sixteen yards and a half up to Howetson's, and left it there—I received of him 4l.—I met young Arment at seven o'clock in the evening at the Pied Horse, in Chiswell-street—I paid him the money, deducting 12s. as my commission; he gave me an acknowledgment for it—this is part of it, it tore in my pocket, and a part of it is lost—I saw him write it and sign it, I did not see the elder Arment for some time afterwards.

Cross-examined. Q. Where do you carry on business? A. At 42, Great Charles-street, City-road—I was taken into custody, and then I made a statement of all that I knew of this transaction—when they found out how it was, they made me a witness—I was discharged on my own recognizance—I have been in the habit of selling things for different persons as a commission-agent for thirty-five years—when I sell goods, I generally take a sample and show it—there was nothing in this transaction that excited my suspicion—I received a sample, and went to a number of places to try to get the price—I do not know what are called "damaged lots"—if an article is sold by itself, it will fetch a less price than if sold in bulk—I had no offer at all till Mr. Jackson gave me an offer of 3s. 6d.—I made no concealment about this—I went to some of the first houses in London—I mentioned the price I was to ask—I mentioned to Mr. Arment that I had been to a great many places, and that was the only offer I could get—he refused to let it go at that price—it might be a week afterwards that he gave me instructions to take that price—Mr. Hewetson keeps a large manufactory for bedding, and chain, and tables, in Tottenham-court-road, and Mr. Jackson is in the same way—it does happen that commission-agents sometimes do business at public-houses, and sometimes at the houses of the persons.

JOSEPH JACKSON . I am an upholsterer, and live in Shoreditch. I believe I purchased this thirty-six yards of crimson damask of Wall on 24th Oct.—I paid 3s. 6d. per yard—I paid by a check, which I produce—he was to have brought fifty-four yards, and when it came there were but thirty-six—I thought it had been Wall that brought it, but I believe it was the younger Arment—he is the penon to whom I gave the check—this is the bill of parcels (produced)—the contract was made with Wall—the person who brought the goods to me afterwards put his name to the bill of parcels.

GEORGE SPENCER WALL (re-examined). Here is ray own name written at the bottom of this invoice as making the contract—this name of "Thomas Arment," written underneath, I did not see written, it is not my name—the younger Arment is the person to whom the thirty-six yards were given with this bill to take to Mr. Jackson.

Cross-examined. Q. This has written on it, "Cash by bearer,—G. S. Wall? "A. Yes—I handed the bill to the younger Arment, with this writing on it.

MR. JACKSON, re-examined. About a month afterwards the younger Arment came to me and brought me two samples of damask—he said he had them to sell—he said I might as well buy them of him as I had bought some of him through Wall a little time before—he was a stranger to me—I said I would not buy them of him, I did not recollect him—he said I had before bought a piece of crimson damask of him through Wall, and I might as well buy it of him, as I understood him, without agency—I sold two yards of the damask at 3s. 9d. a yard.

Cross-examined. Q. How long have you been carrying on business in High-street, Shoreditch? A. Twelve or fourteen years—I believe it sometimes happens, in the course of business, that we have considerable bargains with what they call "job lots"—I suppose we have them of persons who pick them up at auctions—I cannot say whether what I gave was the value of this damask—I bought it as French goods and a job lot, not enough for a suite of furniture, which for window-curtains, chair-covers, and two couches, would require about a hundred yards—when silk is sold in a less quantity, we give a less price for it—I frequently buy of commission-agents—when young Arment came to me on the second occasion, he himself alluded to the transaction I had had with Wall—I did not recollect Arment—I drew the check for Wall.

MR. BODKIN. Q. You say you bought this as French goods; did you examine it? A. I examined the yard—I now find that it is English—I should be very much surprised to hear that it cost 9s. a yard.

HENRY FOTHERGILL . I live at Messrs. Hewetson's, in Tottenham-court-road; they are extensive upholsterers. I bought sixteen yards and a half of this damask for 5s. a yard—I did not take it for French—I paid Wall for it—he showed me a sample, from which I bought it—fifty four yards or thirty-six yards would not be enough to make a suite of furniture—I know that silk of this description is made in lengths of fifty or fifty-four yards, but you can always get more at the manufacturers—this would be used to cover a sofa or an easy chair.

SUSANNAH BATIMAN . I am the wife of Thomas Bateman; he lives at the Georgt public-house at the corner of Little Prescot-street, Goodman's-fields. I know the elder Arment—he brought this check to me on the evening of the 25th or 26th Oct., and asked me to give him cash for it—he said it was one he had taken in the course of his business—I looked at it, and said, "If you place your name at the back, I will change it for you"—he said, "I can't write; I will thank you to do it for me"—I wrote his name on the back—I knew he was a coal-merchant—I had had four tons of coals of him—I did not know he kept a coal-shed.

Cross-examined. Q. Do you know whether he is a person who sells things on commission? A. No—I never had any dealings with him, but ever since I have had that house I have known him as a customer—he asked me for an order for coals, and I gave it him—I knew his name, and wrote it for him.

LANCELOT ROWLANDSON . I am an upholsterer, and live at 83, White-chapel-road. About three months ago the younger Arment came to me, and offered to sell some crimson silk-damask similar to this—I asked him where it came from—he said he sold it for a small manufacturer in Spitalfieldi—I declined it—I believe he offered me this piece of goods at 3s. 6d.—he told me afterwards he had sold it to Mr. Jackson for 3s. 6d.

JOHN DAVIS (City-policeman, 551). I know the two Arments—the elder Arnent lives in the Tenter-ground, near Prescot-street, and keeps a coal-shed—I have seen the younger Arment; I was given to understand that be lived with his father—I have seen him down there—I know the elder Annent has kept the coalshed four or five months.

THOMAS ARMENT

THOMAS ARMENT, JUN.

NOT GUILTY




Trial 2:

HENRY SAMUEL CHESTER, THOMAS ARMENT , and THOMAS ARMENT, the younger , were again indicted for stealing 90 yards of damask, value 18l.; the goods of Thomas Charles Druce and another, the masters of Chester.— 2d COUNT, charging Thomas Arment and Thomas Arment, the younger, with receiving the same; to which

CHESTER pleaded GUILTY . Aged 24.— Transported for Ten Years.

MR. BALLANTINE conducted the Prosecution.

WILLIAM WATKINS FRAY . I am in the employ of Thomas Charles Druce and another. This buff and crimson damask belongs to them; it was not sold—I missed the exact quantity which has been found—this is a piece which was a cover of a chair which I believe to be the same—I saw this in our stock on 1st Sept.—young Arment was taken about the middle of Dec.—when I came to look for this I found it was gone.

Cross-examined by MR. HUDDLESTON. Q. From whom did you get it? A. From Messrs. Holdsworth; they are large manufacturers—I have no mark on this—I know it because I have another piece of the same pattern—this other piece of damask has no mark on it—I bought this of M'Crie and Ball; they are large manufacturers—the whole of this piece was thirty, and here are twenty-nine yards.

HINRT HOLDSWORTH . I am the agent to Messrs. Hoidsworths' manufactory, at Halifax. This buff and crimson damask is our manufacture—there were only five pieces made of this pattern and colour, and Messrs. Druce had them all.

GEORGE SPENCER WALL . I know the two Arments—I believe they live in the Tenter-ground—I have been to their house—I do not know that they live together—I saw this yellow damask once at the police-office—this buff and crimson damask I have seen before; the elder Arment gave it me to sell, I think, in Oct—I went to Mr. Jackson's, and to several places—I showed it to Mr. Jackson, but did not sell it to him—I took it back, and delivered it to old Mr. Arment—this crimson damask the elder Arment gave me to sell—I sold twenty or twenty-one yards, at 1s. 7d. a yard, to Mr. Jackson—I paid the money to the elder Arment—it was between 1l. and 2l., deducting nay own commission, 2d. a yard.

JOSEPH JACKSON . I keep a shop, in High-street, Shoreditch. I purchased this crimson damask of Wall—I believe I paid him 1s. 7d. a yard—he afterwards brought the crimson silk damask that I spoke of before, and I believe he brought this buff and crimson one together with it, if I saw this one before Wall showed it me.

COURT. Q. What is the value of that you bought at 1s. 7d.? A. I suppose 2s. 6d., or 2s. 9d., in the whole piece—I objected to the other, as it was a large pattern, and this was small.

Cross-examined. Q. Was 1s. 7d. a price you would give for a remnant? A. I could not give more—I should not consider it worth more.

ROBERT CARTER . I am a wholesale-upholsterer, and live in the Minories. I bought this crimson and buff damask of the younger Arment, about the middle of Nov., at 1s. 9d. a yard—there were thirty yards of it—I asked him where he got it—he said in exchange for packing-mats, which are mats used for packing upholstery goods—I paid him two guineas and a half for this altogether—this is a damaged piece—if it were perfect it would be worth 84s. or 85s. a piece—this was damaged in the dye, and from lying in an upholsterer's shop—it was exposed in my warehouse for three weeks, and offered for sale at 2s. a yard.

Cross-examined. Q. Is it in a saleable condition? A. Decidedly not—I

have known Arment for four years—he sold some music-stools to our people—I understood he was a seller or maker of those articles.

HENRY HOLDSWORTH re-examined. This is not damaged in the dye—it is as good a colour as you could expect—the colour did not answer my expectation, and I sold it at a reduced price, at 3s. 6d., to Messrs. Druce, for them to get a profit on it.

JAMES GEORGE HURST . I am a labourer, in the London Bocks. I know both the Arments—the younger one was a fellow-labourer with me, and I have understood that he occasionally works after hours with his brother, in making music-stools—the elder Arment keeps a coal-shed in the Tenter-ground—the younger Arment told me that he was out on bail; he did not tell me what for—after that I saw the elder Arment—he asked me if I would accompany him to the West-end for a walk—I accompanied him to Portland-street, Oxford-street—he enquired after a man named Chester—I showed him Chester's house—(I had seen Chester one week previous to that)—Chester was not at home—we went to a coffee-house, and waited—he came, and he and the elder Arment had some conversation; I did not hear any part of it—Chester gave me a sovereign and a shilling to give to the elder Arment, which I did.

Cross-examined. Q. Did you know Chester's house before? A. On 22d Dec. the younger Arment came to me while he was out on bail, and asked me to accompany him to Chester's—I was not before the Magistrate—I have not been examined as a witness by any person—they found me in the London Docks to-day, and told me what they wanted me for—I recollect the date, by its being the Friday in the week before Christmas—young Arment took me to Chester's, as a witness—Chester was not at home—we met him in the street-young Arment spoke to him—he said he was in trouble, and he wished him to advance a little money to assist him in his defence; he did not say why—that was all that took place that evening.

MR. BALLANTINE. Q. When young Arment said be wanted some money for his defence, what answer did Chester make? A. That he had none then to give him, but would give him some in a few days.

THOMAS COBLBT (policeman, K 65). On 14th Dec. I was in Whitechapel-road—I saw the younger Arment offering a piece of yellow damask for sale to Mr. Jewel, a broker—he did not buy it—I followed young Arment, and when I came up to him I asked him what he had there—he hesitated at first, and then said, "Stuff"—I said, "What stuff?" and after some further hesitation he said, "Damask"—I then asked him where he got it—he said he bought it at a sale-room—I said, "What sale-room?"—he said he did not know—I said that was very unsatisfactory—he then said he was entrusted with it by a man to sell—I asked him what man, and who he was—he said he did not know—I told him he must go to the station-house with me—he immediately said he had bought it in a public-house—I asked him what public-house—he said he did not know—when he got to the station he said he bought it at a public-house kept by a man named Webb, in Whitechapel—he said he had never dealt in any damask, or sold any before.

Cross-examined. Q. Were you examined before the Magistrate? A. Yes—what I said was taken down—I was not examined before the Grand Jury—I made no memorandum in writing of what was said.

MR. BALLANTIHE. Q. The conversation applied only to this yellow damask? A. Yes; the crimson was found at Mr. Jackson's afterwards.

WILLIAM WATKINS FRAY re-examined. Chester was in Messrs. Druce's employ, as a porter—he would have access to the place where this property was—I had seen this yellow damask last on 1st Sept.; it was all we had of it left—we found in Dec. that it was gone—between the 1st Sept. and the 14th Dec. we had not sold any of it,

THOMAS ARMENT—Aged 67.

THOMAS ARMENT. JUN.—Aged 28.

GUILTY of receiving — Transported for Ten Years .

 
CHESTER, Henry Samuel (I2105)
 
27
Cause of Commitment:

Charge on the Oath of Thomas Ballinger, and others, with having, at the parish of Painswick, on the 1st day of same inst: Then and there viciously and against her will feleniously ravished and carnally known Mary Ann Ballinger, aged 9 Years, the daughter of the said T Ballinger

 
BAYLISS, James (I2111)
 
28
Cause of Commitment:

Charged with having at Painswick on the 1st of June 1849 violently assaulted one Mary Ann Ballenger, a girl under the age of ten years, and her did feloniously ravish and carnally know.

 
BAYLISS, James (I2111)
 
29
Court report from the Leicester Journal - Friday 23rd June 1848

Melton Mowbray Petty Sessions, June 20th, 1848
Joseph Isom and John Smith, both of Melton Mowbray, were charged by James Farley, gamekeeper to E. B. Hartopp, Esq., with trespassing in pursuit of game on land Burton Lazars, in the occupation of Wm. Leadbetter.
Fined 20s. each, including costs, or one month's imprisonment 
SMITH, John (I1850)
 
30
Court report from the Leicester Journal - Friday 23rd June 1848

Melton Mowbray Petty Sessions, June 20th, 1848
Joseph Isom and John Smith, both of Melton Mowbray, were charged by James Farley, gamekeeper to E. B. Hartopp, Esq., with trespassing in pursuit of game on land Burton Lazars, in the occupation of Wm. Leadbetter.
Fined 20s. each, including costs, or one month's imprisonment 
ISOM, Joseph (I1849)
 
31
Court Report from the Leicestershire Mercury:


John Smith (26) and Joseph Isom (26) were charged with stealing, the 18th of Oct., 1848, at Stapleford, two geese and strainer, the property of Anthony Hart.
Mr. Vaughan conducted the case.
William Hart, son of the prosecutor, deposed that on the 17th of October, he counted his father's geese, and there were 23 when secured for the night. The next morning two were missing : there was blood on the road to Melton, and following that direction heads and four feet and skins and feathers of geese were found about 400 yards from where the geese were kept. One of the heads found was like that of one of the missing geese: could not speak to the other.
Anthony Hart conrmed the statement of his son : and said he gave notice to Superintendent Condon.
Sarah Dennis identified the stolen strainer: Alice Hart likewise identified it.
Thomas Farell met the prisoners on the 18th October, a little after four in the morning, at Thorpe End, coining from the direction of Stapleford. Isom had something bulky under his smock, and asked witness, who was smoking a pipe, for a light, He walked as far as King Street with them, and was certain it was them.
William Condon, from information received, went to prisoner's house, found them both bed at eleven in the morning: and found near the bed, a small pan, bason, and two plates, and the bones of a goose and handkerchief covered with blood. In a box he found the body of a goose, wrapped in the strainer produced. On comparing the boots found on the prisoners with the footmarks, Isom's corresponded exactly. The head of the goose given to witness by Mr. Hart corresponded with the body found in the box. There was blood on the prisoner's clothes.
The prisoners' defence was that they " found" both strainer and goose.
Immediately upon summing up, the jury found a verdict of Guilty. Seven years' transportation

 
SMITH, John (I1850)
 
32
Court Report from the Leicestershire Mercury:


John Smith (26) and Joseph Isom (26) were charged with stealing, the 18th of Oct., 1848, at Stapleford, two geese and strainer, the property of Anthony Hart.
Mr. Vaughan conducted the case.
William Hart, son of the prosecutor, deposed that on the 17th of October, he counted his father's geese, and there were 23 when secured for the night. The next morning two were missing : there was blood on the road to Melton, and following that direction heads and four feet and skins and feathers of geese were found about 400 yards from where the geese were kept. One of the heads found was like that of one of the missing geese: could not speak to the other.
Anthony Hart conrmed the statement of his son : and said he gave notice to Superintendent Condon.
Sarah Dennis identified the stolen strainer: Alice Hart likewise identified it.
Thomas Farell met the prisoners on the 18th October, a little after four in the morning, at Thorpe End, coining from the direction of Stapleford. Isom had something bulky under his smock, and asked witness, who was smoking a pipe, for a light, He walked as far as King Street with them, and was certain it was them.
William Condon, from information received, went to prisoner's house, found them both bed at eleven in the morning: and found near the bed, a small pan, bason, and two plates, and the bones of a goose and handkerchief covered with blood. In a box he found the body of a goose, wrapped in the strainer produced. On comparing the boots found on the prisoners with the footmarks, Isom's corresponded exactly. The head of the goose given to witness by Mr. Hart corresponded with the body found in the box. There was blood on the prisoner's clothes.
The prisoners' defence was that they " found" both strainer and goose.
Immediately upon summing up, the jury found a verdict of Guilty. Seven years' transportation

 
ISOM, Joseph (I1849)
 
33
Court Transcript:

EDWARD JONES and WILLIAM COTTERELL , burglariously breaking and entering the dwelling-house of Stephen Warwick with intent to steal.

MR. WILDE conducted the Prosecution.

STEPHEN WARWICK . I live at 1, Northampton-square, in the parish of St. James's, Clerkenwell. On Sunday morning, 19th Nov., about twenty nmiutes past twelve o'clock, I was called up by a police-officer, and found the front kitchen shutter broken open and the sash off, a pane of glass broken, the sash-fastening pulled back, and the sash thrown up—I had seen it fast at half-past eleven—I always go round the house and examine the doors and windows, having been robbed before.

SARAH EXALL . I am servant to Mr. Warwick—I was in the kitchen that night at eleven o'clock—I had previously put the shutters to at five o'clock, and put the bar up between six and seven—the window was then fastened—on Sunday morning the window was broken, and the bottom hinge off—I had slept through the disturbance—the window had not been opened during the day.

JAMES COBBETT (policeman, A 410). On Sunday morning, 19th Nov., about ten minutes past twelve o'clock, I was on duty in Northampton-square, and saw the two prisoners come up Ashby-street, from St. John-street-road—they stayed a minute or two and then got over the prosecutor's railing, and went down the steps into the area—they did not see me—I was standing under a tree in the centre of the square, under the enclosure—I stood there about ten minutes—I heard a pane of glass break and the scrooping of shutters, a curious noise as though any one was wrenching them open—I then went across the road, looked over the railing, and saw Cotterell go from the window into the coal-house under the pavement—I said, "Who is there?" three times, and got no answer—I then called another constable, went over the railing down the area, and saw both the prisoners standing in a corner of the coal-house—I asked Cotterell what he wanted there, and he said he had dropped his hat into the area—I asked Jones what he wanted there—he said he dropped his knife—they said they heard me coming, were frightened, and got into the coal-house out of the way—I examined the window and found it and the shutter broken.

Cross-examined by MR. PARRY. The outside shutter do you mean? A. The shutters are inside—a square of glass was broken opposite the fastening, so that any one could pull the fastening back—the fastening was pulled back and the bottom sash thrown up—the inside shutter was forced in about two inches from the bottom and the screws forced—no person could get in in. the state the shutters were then in—I went into the kitchen, after calling Mr. Warwick—there was a wooden bar across the shutters then still up.

BENJAMIN PHILLIPS (policeman, D 58). I was with Cobbett—he left me outside—I saw Cotterell in the area—I knocked at the door, and Mr. Warwick let me in—while knocking I saw Jones come out of the coal vault, the door of which was standing open—there was no fastening to it—I afterwards went in there and found this dark lantern and a jemmy (produced.)

JAMES COBBETT re-examined. The pane of glass was not wholly taken out, only the bottom part of it—there was room enough for a person's hand to be put in to unfasten the window—it might be done with a chisel or other instrument—you could put your thumb and two or three fingers through—the fracture was close to the fastening.

(MR. PARRY submitted that a sufficient entry was not proved to sustain the charge, no part of the person of the prisoners having been proved to be introduced. The COURT left it to the Jury to say whether the hand was or was not introduced to undo the fastening.)

JONES— GUILTY . Aged 19.

COTTERELL— GUILTY . Aged 18.

Transported for The Years. 
COTTERILL, William A (I1735)
 
34
Court Transcript:

EDWARD JONES and WILLIAM COTTERELL , burglariously breaking and entering the dwelling-house of Stephen Warwick with intent to steal.

MR. WILDE conducted the Prosecution.

STEPHEN WARWICK . I live at 1, Northampton-square, in the parish of St. James's, Clerkenwell. On Sunday morning, 19th Nov., about twenty nmiutes past twelve o'clock, I was called up by a police-officer, and found the front kitchen shutter broken open and the sash off, a pane of glass broken, the sash-fastening pulled back, and the sash thrown up—I had seen it fast at half-past eleven—I always go round the house and examine the doors and windows, having been robbed before.

SARAH EXALL . I am servant to Mr. Warwick—I was in the kitchen that night at eleven o'clock—I had previously put the shutters to at five o'clock, and put the bar up between six and seven—the window was then fastened—on Sunday morning the window was broken, and the bottom hinge off—I had slept through the disturbance—the window had not been opened during the day.

JAMES COBBETT (policeman, A 410). On Sunday morning, 19th Nov., about ten minutes past twelve o'clock, I was on duty in Northampton-square, and saw the two prisoners come up Ashby-street, from St. John-street-road—they stayed a minute or two and then got over the prosecutor's railing, and went down the steps into the area—they did not see me—I was standing under a tree in the centre of the square, under the enclosure—I stood there about ten minutes—I heard a pane of glass break and the scrooping of shutters, a curious noise as though any one was wrenching them open—I then went across the road, looked over the railing, and saw Cotterell go from the window into the coal-house under the pavement—I said, "Who is there?" three times, and got no answer—I then called another constable, went over the railing down the area, and saw both the prisoners standing in a corner of the coal-house—I asked Cotterell what he wanted there, and he said he had dropped his hat into the area—I asked Jones what he wanted there—he said he dropped his knife—they said they heard me coming, were frightened, and got into the coal-house out of the way—I examined the window and found it and the shutter broken.

Cross-examined by MR. PARRY. The outside shutter do you mean? A. The shutters are inside—a square of glass was broken opposite the fastening, so that any one could pull the fastening back—the fastening was pulled back and the bottom sash thrown up—the inside shutter was forced in about two inches from the bottom and the screws forced—no person could get in in. the state the shutters were then in—I went into the kitchen, after calling Mr. Warwick—there was a wooden bar across the shutters then still up.

BENJAMIN PHILLIPS (policeman, D 58). I was with Cobbett—he left me outside—I saw Cotterell in the area—I knocked at the door, and Mr. Warwick let me in—while knocking I saw Jones come out of the coal vault, the door of which was standing open—there was no fastening to it—I afterwards went in there and found this dark lantern and a jemmy (produced.)

JAMES COBBETT re-examined. The pane of glass was not wholly taken out, only the bottom part of it—there was room enough for a person's hand to be put in to unfasten the window—it might be done with a chisel or other instrument—you could put your thumb and two or three fingers through—the fracture was close to the fastening.

(MR. PARRY submitted that a sufficient entry was not proved to sustain the charge, no part of the person of the prisoners having been proved to be introduced. The COURT left it to the Jury to say whether the hand was or was not introduced to undo the fastening.)

JONES— GUILTY . Aged 19.

COTTERELL— GUILTY . Aged 18.

Transported for The Years. 
JONES, Edward (I1736)
 
35
Court Transcript:

WILLIAM JONES and JOHN DUNCAN , burglariously breaking and entering the dwelling-house of Mary Morrisson, at Islington, with intent to steal. MR. EWART conducted the Prosecution.

MARY ANN MORRISSON . I am the daughter of Mrs. Mary Morrisson, of 39, Suffolk-street, Lower-road, Islington. On 30th of March, I and my mother went on a visit, and shut the house up; we went to it on the Friday following, 3d of April, and found the kitchen window broken, the shutters forced in, and the sash down.

WILLIAM JOHN HALL . I am an engraver of 14, Suffolk-street. On 3d of April, between one and two in the morning, I saw Mrs. Morrisson's gate open—I went to the back-parlour window, and fancied I heard voices—I went to the door and waited till a policeman passed—he went with me to the back of the house, and saw the window open, and found the prisoners by the wall—the policeman took them.

Crass-examined by MR. HORRY. Q. Did not Jones say he was intoxicated? A. Yes; there is a turning by the house—you can get over the wall easy enough.

WILLIAM ACASON (policeman, 423 N). Hall spoke to me—I went with him into his garden—the window-sash next door was open—the prisoners were standing close by the back kitchen—I took them in charge—Jones said they had had too much to drink—Duncan attempted to pass me—I found this life-preserver on him—I got assistance, and they were both taken.

THOMAS GOODSRHAM (policeman, N 433). I heard a rattle spring, and went to 13, Suffolk-street, and found the prisoners in Acason's custody—I received Jones—I saw Duncan throw away this jemmy—a knife, and some lucifers were found on Jones—Duncan said, "If they send me to Hobart Town, I can't be worse off for I have done nothing lately, and I meant to do it to-night, but you have spoilt it"—I found five marks on the kitchen door.

Cross-examined. Q. Where did you pick up the jemm? A. Inside the railing of No. 14, about twelve yards from where Duncan stood, but he had been within half a yard of that place—it was dark—I saw him -fidgeting something in his band before he threw it—this is not the first time I have said that Duncan used the words, "You have spoilt it;" but I will not be positive as to those words (the witness's deposition being read, did not contain those words)—I told the Magistrate so.

JOHN BARTRON (policeman, N 65). I went to the premises—I saw the prisoner Duncan throw away these skeleton keys (produced)—the kitchen window was broken.

ELIZABETH WBLCH . I am a widow. On 3d of April, about halt-past eight o'clock, I was at No. 18; the kitchen window was safe, and the shutters bolted. MR. HORRY called

ROBERT LEAD . I am a hair-dresser, of 66, Long-lane, West Smithfield; Jones has lodged at my house eight or nine months—I recollect the morning he was taken—the night before, he went out at eleven o'clock, very drunk; he said he would not go to bed, he would try to walk it off—he took out some lucifers to light his pipe—he always carried them, being a very great smoker—I knew him three or four months before he came to me—his character has always been honest—I never knew anything to the contrary.

Cross-examined by MR. EWART. Q. What do you call very drunk.? A. When I went up he was asleep by the fire, with his head hanging over, as if he was going to be sick—I wanted to go to bed, and tried to rouse him—he has been a cellurman at a public-house close by—I never knew him to be out after twelve o'clock at night—it is generally half-past ten or eleven—I have had a son convicted—I have five sons,

JONES— GUILTY . Aged 17.

DUNCAN— GUILTY . Aged 30.

Transported for Ten Years.

(John Robert Foulger, City police-sergeant, 89, and Michael Haydon, City-policeman, 21, stated that both prisoners were the constant associates of thieves, and that Lead's back-door was kept open all night for them; the witness Lead was committed for contempt of Court.)

 
DUNCAN, John (I1867)
 
36
Court Transcript:

WILLIAM JONES and JOHN DUNCAN , burglariously breaking and entering the dwelling-house of Mary Morrisson, at Islington, with intent to steal. MR. EWART conducted the Prosecution.

MARY ANN MORRISSON . I am the daughter of Mrs. Mary Morrisson, of 39, Suffolk-street, Lower-road, Islington. On 30th of March, I and my mother went on a visit, and shut the house up; we went to it on the Friday following, 3d of April, and found the kitchen window broken, the shutters forced in, and the sash down.

WILLIAM JOHN HALL . I am an engraver of 14, Suffolk-street. On 3d of April, between one and two in the morning, I saw Mrs. Morrisson's gate open—I went to the back-parlour window, and fancied I heard voices—I went to the door and waited till a policeman passed—he went with me to the back of the house, and saw the window open, and found the prisoners by the wall—the policeman took them.

Crass-examined by MR. HORRY. Q. Did not Jones say he was intoxicated? A. Yes; there is a turning by the house—you can get over the wall easy enough.

WILLIAM ACASON (policeman, 423 N). Hall spoke to me—I went with him into his garden—the window-sash next door was open—the prisoners were standing close by the back kitchen—I took them in charge—Jones said they had had too much to drink—Duncan attempted to pass me—I found this life-preserver on him—I got assistance, and they were both taken.

THOMAS GOODSRHAM (policeman, N 433). I heard a rattle spring, and went to 13, Suffolk-street, and found the prisoners in Acason's custody—I received Jones—I saw Duncan throw away this jemmy—a knife, and some lucifers were found on Jones—Duncan said, "If they send me to Hobart Town, I can't be worse off for I have done nothing lately, and I meant to do it to-night, but you have spoilt it"—I found five marks on the kitchen door.

Cross-examined. Q. Where did you pick up the jemm? A. Inside the railing of No. 14, about twelve yards from where Duncan stood, but he had been within half a yard of that place—it was dark—I saw him -fidgeting something in his band before he threw it—this is not the first time I have said that Duncan used the words, "You have spoilt it;" but I will not be positive as to those words (the witness's deposition being read, did not contain those words)—I told the Magistrate so.

JOHN BARTRON (policeman, N 65). I went to the premises—I saw the prisoner Duncan throw away these skeleton keys (produced)—the kitchen window was broken.

ELIZABETH WBLCH . I am a widow. On 3d of April, about halt-past eight o'clock, I was at No. 18; the kitchen window was safe, and the shutters bolted. MR. HORRY called

ROBERT LEAD . I am a hair-dresser, of 66, Long-lane, West Smithfield; Jones has lodged at my house eight or nine months—I recollect the morning he was taken—the night before, he went out at eleven o'clock, very drunk; he said he would not go to bed, he would try to walk it off—he took out some lucifers to light his pipe—he always carried them, being a very great smoker—I knew him three or four months before he came to me—his character has always been honest—I never knew anything to the contrary.

Cross-examined by MR. EWART. Q. What do you call very drunk.? A. When I went up he was asleep by the fire, with his head hanging over, as if he was going to be sick—I wanted to go to bed, and tried to rouse him—he has been a cellurman at a public-house close by—I never knew him to be out after twelve o'clock at night—it is generally half-past ten or eleven—I have had a son convicted—I have five sons,

JONES— GUILTY . Aged 17.

DUNCAN— GUILTY . Aged 30.

Transported for Ten Years.

(John Robert Foulger, City police-sergeant, 89, and Michael Haydon, City-policeman, 21, stated that both prisoners were the constant associates of thieves, and that Lead's back-door was kept open all night for them; the witness Lead was committed for contempt of Court.)

 
JONES, William (I1866)
 
37
Court Transcript:

WILLIAM JONES and JOHN DUNCAN , burglariously breaking and entering the dwelling-house of Mary Morrisson, at Islington, with intent to steal. MR. EWART conducted the Prosecution.

MARY ANN MORRISSON . I am the daughter of Mrs. Mary Morrisson, of 39, Suffolk-street, Lower-road, Islington. On 30th of March, I and my mother went on a visit, and shut the house up; we went to it on the Friday following, 3d of April, and found the kitchen window broken, the shutters forced in, and the sash down.

WILLIAM JOHN HALL . I am an engraver of 14, Suffolk-street. On 3d of April, between one and two in the morning, I saw Mrs. Morrisson's gate open—I went to the back-parlour window, and fancied I heard voices—I went to the door and waited till a policeman passed—he went with me to the back of the house, and saw the window open, and found the prisoners by the wall—the policeman took them.

Crass-examined by MR. HORRY. Q. Did not Jones say he was intoxicated? A. Yes; there is a turning by the house—you can get over the wall easy enough.

WILLIAM ACASON (policeman, 423 N). Hall spoke to me—I went with him into his garden—the window-sash next door was open—the prisoners were standing close by the back kitchen—I took them in charge—Jones said they had had too much to drink—Duncan attempted to pass me—I found this life-preserver on him—I got assistance, and they were both taken.

THOMAS GOODSRHAM (policeman, N 433). I heard a rattle spring, and went to 13, Suffolk-street, and found the prisoners in Acason's custody—I received Jones—I saw Duncan throw away this jemmy—a knife, and some lucifers were found on Jones—Duncan said, "If they send me to Hobart Town, I can't be worse off for I have done nothing lately, and I meant to do it to-night, but you have spoilt it"—I found five marks on the kitchen door.

Cross-examined. Q. Where did you pick up the jemm? A. Inside the railing of No. 14, about twelve yards from where Duncan stood, but he had been within half a yard of that place—it was dark—I saw him -fidgeting something in his band before he threw it—this is not the first time I have said that Duncan used the words, "You have spoilt it;" but I will not be positive as to those words (the witness's deposition being read, did not contain those words)—I told the Magistrate so.

JOHN BARTRON (policeman, N 65). I went to the premises—I saw the prisoner Duncan throw away these skeleton keys (produced)—the kitchen window was broken.

ELIZABETH WBLCH . I am a widow. On 3d of April, about halt-past eight o'clock, I was at No. 18; the kitchen window was safe, and the shutters bolted. MR. HORRY called

ROBERT LEAD . I am a hair-dresser, of 66, Long-lane, West Smithfield; Jones has lodged at my house eight or nine months—I recollect the morning he was taken—the night before, he went out at eleven o'clock, very drunk; he said he would not go to bed, he would try to walk it off—he took out some lucifers to light his pipe—he always carried them, being a very great smoker—I knew him three or four months before he came to me—his character has always been honest—I never knew anything to the contrary.

Cross-examined by MR. EWART. Q. What do you call very drunk.? A. When I went up he was asleep by the fire, with his head hanging over, as if he was going to be sick—I wanted to go to bed, and tried to rouse him—he has been a cellurman at a public-house close by—I never knew him to be out after twelve o'clock at night—it is generally half-past ten or eleven—I have had a son convicted—I have five sons,

JONES— GUILTY . Aged 17.

DUNCAN— GUILTY . Aged 30.

Transported for Ten Years.

(John Robert Foulger, City police-sergeant, 89, and Michael Haydon, City-policeman, 21, stated that both prisoners were the constant associates of thieves, and that Lead's back-door was kept open all night for them; the witness Lead was committed for contempt of Court.) 
DUNCAN, John (I1867)
 
38
From the Lancaster Gazette - Saturday 13 February 1847

LANCASTER ASSIZES - Calender of Prisoners for Trial

Henry Lee, 26, Henry Dixon, 27, William Simpson 24. and Thomas Boothman, 21, charged with having, at Trawden, burglariously entered the house of James Preston, and with having stolen therein, fifty half-crowns, fifty-four shillings, and a penny.

 
DIXON, Henry (I1755)
 
39
From the Lancaster Gazette - Saturday 13 February 1847

LANCASTER ASSIZES - Calender of Prisoners for Trial

Henry Lee, 26, Henry Dixon, 27, William Simpson 24. and Thomas Boothman, 21, charged with having, at Trawden, burglariously entered the house of James Preston, and with having stolen therein, fifty half-crowns, fifty-four shillings, and a penny. 
DIXON, Henry (I1755)
 
40
From the Lancaster Gazette - Saturday 13 February 1847

LANCASTER ASSIZES - Calender of Prisoners for Trial

Henry Lee, 26, Henry Dixon, 27, William Simpson 24. and Thomas Boothman, 21, charged with having, at Trawden, burglariously entered the house of James Preston, and with having stolen therein, fifty half-crowns, fifty-four shillings, and a penny. 
SIMPSON, William (I1883)
 
41
From the Lancaster Gazette - Saturday 13 February 1847

LANCASTER ASSIZES - Calender of Prisoners for Trial

Henry Lee, 26, Henry Dixon, 27, William Simpson 24. and Thomas Boothman, 21, charged with having, at Trawden, burglariously entered the house of James Preston, and with having stolen therein, fifty half-crowns, fifty-four shillings, and a penny. 
BOOTHMAN, Thomas (I1884)
 
42
From the Lancaster Gazette - Saturday 13 February 1847

LANCASTER ASSIZES - Calender of Prisoners for Trial

Henry Lee, 26, Henry Dixon, 27, William Simpson 24. and Thomas Boothman, 21, charged with having, at Trawden, burglariously entered the house of James Preston, and with having stolen therein, fifty half-crowns, fifty-four shillings, and a penny. 
LEE, Henry (I1882)
 
43
From the Lancaster Gazette - Saturday 13 February 1847

LANCASTER ASSIZES - Calender of Prisoners for Trial

Henry Lee, 26, Henry Dixon, 27, William Simpson 24. and Thomas Boothman, 21, charged with having, at Trawden, burglariously entered the house of James Preston, and with having stolen therein, fifty half-crowns, fifty-four shillings, and a penny.

 
SIMPSON, William (I1883)
 
44
From the Lancaster Gazette - Saturday 13 February 1847

LANCASTER ASSIZES - Calender of Prisoners for Trial

Henry Lee, 26, Henry Dixon, 27, William Simpson 24. and Thomas Boothman, 21, charged with having, at Trawden, burglariously entered the house of James Preston, and with having stolen therein, fifty half-crowns, fifty-four shillings, and a penny.

 
BOOTHMAN, Thomas (I1884)
 
45
Lucy was referred to as 'a fine, respectable, Aboriginal woman'
By 1884 her husband, Charles, became ill and admitted to Mt Eliza Invalid Depot. She and her children were sent to Vasse and 2 children were admitted to the Native Home against her wishes. Lucy worked in the Perth Poorhouse as a servant in order to earn money to keep her baby.
It is unclear if she had 2 or 3 children in total alive at this time.
 
COYNE, Lucy (I1768)
 
46
Magnet (London) - Monday 12 March 1849:

FATAL AFFRAY WITH POACHERS.
Thomas Knapp indicted for the wilful murder of Charles Payne. Mr Poulden, who appeared for the Crown, said that he should not offer any evidence in this case, and verdict of acquittal was taken.
The prisoner was then charged with having wounded James Call, with intent to do him some grievous bodily harm.—lt appeared that on the night of the 26th of February, 1848, three men, named John Call, James Call, and Charles Payne, assistant gamekeepers to Mr. Drummond, of Cadlands, were out watching, and at about half-past twelve they twice heard the report of a gun, whereupon the keepers went round to a cover, called Shaplands, to which they thought the poachers were likely to go. They saw five men coming towards them. Two of the keepers seized two of the poachers, and a fight ensued; when James Call, who was a little behind, coming up, he was met by the prisoner, who struck him violently with a gun which he had in his hands. A desperate struggle ensued, during which one of the poacher's guns went off, and Charles Payne lost his life thereby. James Call and the prisoner fought for some time, when at length he struck Call a blow which rendered him insensible. On coming to himself he found Payne dead , and the other two keepers struggling on the ground with two of the poachers. Knapp had made his escape and absconded. Three of the others were apprehended and tried for the murder of Payne at the last assizes, but the judge was of opinion that, at the time the keepers tried to apprehend them they had no right to do so, and, therefore, that the prisoners had a right to resist the keepers. They were accordingly acquitted of the murder, but convicted, on an indictment, for night-poaching. In the present case, however, the first assault was made by the prisoner on Call, so the present indictment was preferred against him, he having been taken into custody in November last.
The jury found the prisoner Guilty.—Sentence respited.  
KNAPP, Thomas (I1874)
 
47
Old Bailey court Transcript:

FREDERICK LINTOT and BENJAMIN LINTOT , burglariously breaking and entering the dwelling-house of Charles John Rigby and another, with intent to steal; to which

FREDERICK LINTOT pleaded GUILTY . Aged 19.— Transported for Seven Years.

MR. BALLANTINE conducted the Prosecution.

WILLIAM THOMAS BLAKE . I am shopman to Messrs. Rigby and Co., of 80, Gracechurch-street, brush-makers. We have a warehouse in Bull's Head-passage, in which brushes and articles of that kind are kept—it is over a butcher's shop, occupied by Charles Lintot, the prisoners' brother—having missed brushes on several occasions, on 14th Nov. I and the officer Davis placed ourselves to watch the premises on a shelf about six feet above a hole is the boards, where we suspected an entrance had been made from the butcher's shop—the board was down, so that for anybody to get in they must slide or lift it up—about half-past ten o'clock I heard a noise in that direction, and noticed a part of the flooring being raised—I did not see anybody get through the hole; it was too dark—I—heard a footstep go up stairs—I then spoke to Davis, and got down from the shelf, and went to the hole—Davis turned his light on, and I saw Benjamin Lintot with his head just above the hole—Davis tried to seize him, but he dropped down, and Davis fell in trying to catch him—he got up again, and followed him.

Cross-examined by MR. HORRY. Q. Had you any means of distinctly seeing who it was at the hole? A. No—it was quite dark till Davis turned on his light—I then saw Benjamin Lintot distinctly—I had a full view of him, and have no doubt he is the person.

CHARLES JOHN RIGBY . I am in partnership with my brother. I came into the butcher's shop when I was-informed of this, and found Frederick Lintot in the custody of an officer.

Cross-examined. Q. Were either of them in your service? A. Frederick was for about four years—I discharged him for coining late in the morning—I have heard that his father was once in a large way of business.

JOHN DAVIS (City-policeman, 551). I was watching with Blake—I turned my light on a head that came up the hole—it was Benjamin Lintot—I got on the ladder to secure him—he got down, and I got down after him—the ladder moved, and I fell—I went after him, and secured him—he made no remark—I gave him to another man, returned, and found Frederick—I afterwards searched Benjamin's premises, and found these brushes—(produced).

MR. RIGBY re-examined. I cannot swear to the brushes—they are such as were in my warehouse.

JOSEPH PINDAR . I made these brushes for the prosecutor.

BENJAMIN LINTOT— GUILTY . Aged 32.— Transported for Seven Years. (There was another indictment against the prisoners.) 
LINTOT, Benjamin (I1892)
 
48
Old Bailey court Transcript:

FREDERICK LINTOT and BENJAMIN LINTOT , burglariously breaking and entering the dwelling-house of Charles John Rigby and another, with intent to steal; to which

FREDERICK LINTOT pleaded GUILTY . Aged 19.— Transported for Seven Years.

MR. BALLANTINE conducted the Prosecution.

WILLIAM THOMAS BLAKE . I am shopman to Messrs. Rigby and Co., of 80, Gracechurch-street, brush-makers. We have a warehouse in Bull's Head-passage, in which brushes and articles of that kind are kept—it is over a butcher's shop, occupied by Charles Lintot, the prisoners' brother—having missed brushes on several occasions, on 14th Nov. I and the officer Davis placed ourselves to watch the premises on a shelf about six feet above a hole is the boards, where we suspected an entrance had been made from the butcher's shop—the board was down, so that for anybody to get in they must slide or lift it up—about half-past ten o'clock I heard a noise in that direction, and noticed a part of the flooring being raised—I did not see anybody get through the hole; it was too dark—I—heard a footstep go up stairs—I then spoke to Davis, and got down from the shelf, and went to the hole—Davis turned his light on, and I saw Benjamin Lintot with his head just above the hole—Davis tried to seize him, but he dropped down, and Davis fell in trying to catch him—he got up again, and followed him.

Cross-examined by MR. HORRY. Q. Had you any means of distinctly seeing who it was at the hole? A. No—it was quite dark till Davis turned on his light—I then saw Benjamin Lintot distinctly—I had a full view of him, and have no doubt he is the person.

CHARLES JOHN RIGBY . I am in partnership with my brother. I came into the butcher's shop when I was-informed of this, and found Frederick Lintot in the custody of an officer.

Cross-examined. Q. Were either of them in your service? A. Frederick was for about four years—I discharged him for coining late in the morning—I have heard that his father was once in a large way of business.

JOHN DAVIS (City-policeman, 551). I was watching with Blake—I turned my light on a head that came up the hole—it was Benjamin Lintot—I got on the ladder to secure him—he got down, and I got down after him—the ladder moved, and I fell—I went after him, and secured him—he made no remark—I gave him to another man, returned, and found Frederick—I afterwards searched Benjamin's premises, and found these brushes—(produced).

MR. RIGBY re-examined. I cannot swear to the brushes—they are such as were in my warehouse.

JOSEPH PINDAR . I made these brushes for the prosecutor.

BENJAMIN LINTOT— GUILTY . Aged 32.— Transported for Seven Years. (There was another indictment against the prisoners.) 
LINTOT, Frederick (I1890)
 
49
Old Bailey court Transcript:

FREDERICK LINTOT and BENJAMIN LINTOT , burglariously breaking and entering the dwelling-house of Charles John Rigby and another, with intent to steal; to which

FREDERICK LINTOT pleaded GUILTY . Aged 19.— Transported for Seven Years.

MR. BALLANTINE conducted the Prosecution.

WILLIAM THOMAS BLAKE . I am shopman to Messrs. Rigby and Co., of 80, Gracechurch-street, brush-makers. We have a warehouse in Bull's Head-passage, in which brushes and articles of that kind are kept—it is over a butcher's shop, occupied by Charles Lintot, the prisoners' brother—having missed brushes on several occasions, on 14th Nov. I and the officer Davis placed ourselves to watch the premises on a shelf about six feet above a hole is the boards, where we suspected an entrance had been made from the butcher's shop—the board was down, so that for anybody to get in they must slide or lift it up—about half-past ten o'clock I heard a noise in that direction, and noticed a part of the flooring being raised—I did not see anybody get through the hole; it was too dark—I—heard a footstep go up stairs—I then spoke to Davis, and got down from the shelf, and went to the hole—Davis turned his light on, and I saw Benjamin Lintot with his head just above the hole—Davis tried to seize him, but he dropped down, and Davis fell in trying to catch him—he got up again, and followed him.

Cross-examined by MR. HORRY. Q. Had you any means of distinctly seeing who it was at the hole? A. No—it was quite dark till Davis turned on his light—I then saw Benjamin Lintot distinctly—I had a full view of him, and have no doubt he is the person.

CHARLES JOHN RIGBY . I am in partnership with my brother. I came into the butcher's shop when I was-informed of this, and found Frederick Lintot in the custody of an officer.

Cross-examined. Q. Were either of them in your service? A. Frederick was for about four years—I discharged him for coining late in the morning—I have heard that his father was once in a large way of business.

JOHN DAVIS (City-policeman, 551). I was watching with Blake—I turned my light on a head that came up the hole—it was Benjamin Lintot—I got on the ladder to secure him—he got down, and I got down after him—the ladder moved, and I fell—I went after him, and secured him—he made no remark—I gave him to another man, returned, and found Frederick—I afterwards searched Benjamin's premises, and found these brushes—(produced).

MR. RIGBY re-examined. I cannot swear to the brushes—they are such as were in my warehouse.

JOSEPH PINDAR . I made these brushes for the prosecutor.

BENJAMIN LINTOT— GUILTY . Aged 32.— Transported for Seven Years. (There was another indictment against the prisoners.)

 
LINTOT, Benjamin (I1892)
 
50
Old Bailey Court Transcript:

GEORGE MATTHEWS, THOMAS SMITH , and ANN TRAYLING , stealing 24 yards of cloth, value 16s. 6d.; the goods of George Thomas Minor: Matthews and Trayling having been before convicted: to which

MATTHEWS pleaded GUILTY .**† Aged 20

TRAYLING pleaded GUILTY .*† Aged 19

Transported for Seven Years.

JOSHUA REYNOLDS . I am shopman to George Thomas Minor. On 16th May we had this woollen cloth (produced) safe inside the shop.

JOSEPH HEDINGTON (City-policeman, 20). I was with Haydon, and followed the prisoners from the London-road to Westminster-road—Matthews and Trayling went to Mr. Minor's, Smith went twenty or thirty yards further up and watched; they went and spoke to him and returned-Matthews then took the ticket off the cloth, and Trayling took a piece of cloth, put it under her under, and went away—Smith was standing close by, and went away directly—they had been together very near half an hour,

MICHAEL HAYDON (City-policeman, 21). I watched the prisoners together half an hour—I am certain Smith is the person.

SMITH— GUILTY .* Aged 20.— Confined Nine Months 
SMITH, Thomas (I1916)
 

      1 2 3 4 5 ... Next»


Contact Us

Webmaster Message

We strive to document all of our sources in this research. If you have something to add, please let us know.