James Lovell

135

C H on 15th February 2024

JAMES LOVELL. Theft; receiving. 12th June 1843. Text type Trial account Defendants JAMES LOVELL Offences Theft > Receiving Session Date 12th June 1843 Reference Number t18430612-1964 Verdicts Guilty Punishments Transportation 1964. JAMES LOVELL was indicted for feloniously receiving, on the 24th of April, of a certain evil-disposed person, 905 yards of serge, value 100l., the goods of William Benson Stones, well knowing the same to have been stolen; against the Statute, &c. MESSRS. CLARKSON and PAYNE conducted the Prosecution. WILLIAM BENSON STONES . I am a Manchester-warehouseman, and live in Warwick-street, Golden-square. On Saturday night, the 22nd of April, I went into the warehouse, and chained up the dog—I left the warehouse and the property in it perfectly safe—next morning I went again into the warehouse, and heard a knocking on the wall—the property appeared safe—about half-past seven o'clock on Monday morning I went into the warehouse again, to the spot where I had heard the knocking the previous day, and discovered a hole in the wall, that led into a coach-maker's next door—I then examined my warehouse, and missed 300 yards of silk serge and laventines, worth about 424l. Cross-examined by MR. WILKINS. Q. Have you any partners? A. No—I heard the knocking between eleven and twelve o'clock—I am quite clear as to that—there is nothing to separate my premises from the coach-maker's but this wall, where I heard the knocking. JOHN HIBBARD . I am a labourer in the employ of Mr. Kempster, a coach-maker, in Warwick-street. On Sunday, the 23rd of April, I was at my master's place from nine o'clock till a quarter to one—the premises were all safe then, and I left it double locked—at a quarter-past six next morning I went there, and found the factory door only once locked—I found a hole in Mr. Stone's wall, about three feet one way, and two the other, big enough for a man to go through. Cross-examined. Q. Have you your hearing very well? A. No—I know I left at a quarter before one o'clock, because I looked at the public-house clock opposite, and the people at the Catholic chapel were leaving—the hole was in the down stairs room—if there had been any hole in the wall then I must have seen it—I was the whole of that time in the doorway, which leads immediately to the room where the hole was—I never saw the prisoner there. NICHOLAS PEARCE . I am an inspector of the A division of police. On Wednesday afternoon, the 24th of May, I saw Dafton at the bottom of Holborn-hill—I followed him to the prisoner's house, in Goswell-street—he has a shop for manufacturing fringe—there was a quantity of fringe in the shop, and tassels and other things in the window—Dafton went into the shop—he remained there twenty minutes, and came out with a roll of silk serge—I followed him into Bardwell and Co.'s shop, at the bottom of Holborn-hill—I went there too—I asked him what he had under his arm—he said, "Silk"—I told him who I was, and took the parcel from him—this is it—I left him in charge of a constable at Bardwell's—I then went to the prisoner's house—the prisoner was standing at the door—when I asked if his name was Lovell, he said "Yes"—I walked into the shop, and asked if he knew a man named Dafton—he said, "No"—I asked if he had sold any silk to a person of that name that day—he said, "No," he had not—I asked if he had sold any silk to any other person that day—he said, "No," he had not—I told him I was an officer, and I should search his house—he said, "You shall not do it without a warrant"—he said he did not know me, and he should send to the station for the inspector—I said, "I will send out for a constable"—I did so, and one presently came in—I was in plain clothes, and the constable did not know me—presently a second constable came in, mentioned my name, and told the prisoner who I was—I then began to search in a back room adjoining the shop—I found there four pieces of silk serge covered over with a piece of cloth—they were brought into the shop, and placed by the side of the counter—the prisoner said they belonged to another man—I said, "Perhaps you will tell me who that man is?"—he said, "I shall answer no questions, it is not your place to ask questions"—I made a further search in a box under the shop window, and found these forty-seven yards of brown silk—I found a coat in the back room, and in the pocket of it I found this pocket-book with the things which are now in it. Cross-examined. Q. What did Dafton tell you he had given a yard for this silk? A. 1s. 9d.—I had not known the prisoner at all before—I perceived that he was a little hard of hearing—there was a counter in the shop, and the box was inside the counter—I did not see any shopwoman there. JOHN HAYNES (police-inspector, A division.) On the 25th of May I went to the prisoner's house—I found twenty-four patterns of silk serges behind a nest of drawers in the front shop, in a piece of very thin brown paper, among a quantity of rubbish, loose papers, and other things, crammed behind the drawers—on the day before when I was there with Pearce we found a large quantity of bitter aloes, nutmegs, isinglass, Prussian blue, silk drawers, cotton stockings, and boots, in different parts of the house—on the 25th I found twenty-four pairs of silk stockings among a quantity of rags under the counter. Cross-examined. Q. When was the first time you gave this account about the nutmegs, and drawers, and stockings? A. To-day—I was a chemist and druggist before I was a policeman—I thought it a marvellous thing to find silk drawers and stockings in such a place. MR. PAYNE. Q. Where did you find these silk drawers? A. Among a quantity of rags under the bed in the kitchen, and twenty-four pairs of cotton stockings were among some rubbish in a sort of basket under the counter—some of the silk drawers were in the different cupboards and corners about the parlour. JOSEPH WADSWORTH . I am foreman to Mr. Stones. By his direction I made out a list of the stolen articles—I began it on the Monday morning, and finished it on the Tuesday, and on the Tuesday I sent the list down to the station in Vine-street. Cross-examined. Q. Did you make it out from information from other parties? A. From deficiencies in the stock, but I went through the books myself, and the silks too—a man helped me to trace the different numbers—I went through the whole of the silks—we had the stock-book, which is entered up by different parties, and I have no doubt it is correct—I act upon it—I made out the greater part of these entries, not all of them—all the parties in the warehouse are likely to enter them—they are not all here. COURT. Q. Have you any mode of telling of your own knowledge the loss sustained that night? A. Yes—I know where they were placed—I went round the shop, and saw the places where property was missing—I did not know before that what property was there except from the stock-book—there were fifty-five ends and pieces missing—there are three persons in the employ besides me—I can say from my own knowledge without going through the book that we lost from forty to fifty pieces of silk serge, which were safe on Saturday night, and were gone on Monday morning—I have seen this piece of brown serge in custody of Pearce—it is Mr. Stone's—I saw this piece of drab serge in the possession of Pearce—it is Mr. Stone's—I have seen the other pieces produced by the policeman—we had pieces of silk of this description and pattern on Mr. Stone's premises—I believe all these pieces to be his. Cross-examined. Q. How many pieces do you profess to identify? A. There are five pieces which I have gone through—the lengths correspond as nearly as possible with those we lost—I have no other mark on them—I only know them by the quantity and colour—this drab would be about 2s. 3d. a yard at a fair wholesale price—the retail price would be from half-a-crown to 2s. 8d. SAMUEL DAFTON . (A prisoner.) I was committed by the Magistrate upon this charge—I have known the prisoner about four years. About a month ago to-morrow, I met him in Aldersgate-street, near where he lives—after saying, "How do you do," he stopped, and said, "I think I have something that will suit you, as you are in the woollen line; I have got some silk serge that you might sell, they are used by the tailors and drapers; those who buy cloth will buy them; you might sell them when you are selling your cloth"—I said they were out of my line, I did not deal in them generally, but perhaps I might sell, as I was passing round, when I was out on my own business, if he would give me some patterns—he said would I call and look at them—I said, "Yes, when I came back from the City, or on the following morning"—I then left him—I called at his shop the following morning, and he showed me four or five pieces of silk serge in the parlour—he said these were the things that he had mentioned to me the day before—I asked the price, and he told me 2s. 3d.—I said, "If you like to cut me patterns I will take them with me, and see if I can sell them"—he cut me patterns from the end of each, and I took them with me—I asked him if they were cheap—he said, "Yes, very cheap"—I called at Messrs. Bardwells, and showed them the patterns—they would not give me the price I asked—I called on the prisoner as I came home in the evening—I told him I had shown them, but they were too high—then he said he would take 2s. for them—he said they were very cheap—I said I did not know, but I thought by what they said, they were not cheap—I called at Messrs. Bardwells again, and they offered me 1s. 11 1/2 d. a yard for them—I went back to the prisoner and told him I might sell them if he would take 1s. 9d.—that was for two pieces only—he said if I would get him the money he would take that for the two pieces—I said, "I can give you 1s. 9d. for these two," which were the two that Bard well had offered me 1s. 11 1/2 d. for—one was a black, and the other a brown—he said he would take that price if I could sell him the lot he had there—I said I did not know whether I could or not—he showed me four or five pieces—I said, "If you will let me have these two at 1s. 9d. I will keep the patterns of the others which I have got, and endeavour to sell them"—he said he would let me have the two at 1s. 9d., and I was to endeavour to sell the others—I gave him the money—I borrowed the money to pay for them, and then I took them to Bardwells and sold them to them—I called on the prisoner again, and gave him the patterns back of the other three, and said I could not sell them—he said, "Very likely if you look in in the morning I shall have two or three others of different colours"—I looked in on the following morning, and he had three or four pieces more—he said, "Here are some fresh ones, can you do anything with them?"—I said, "I don't know, but cut me patterns, I will try"—I said, "You have a good many of them"—he said, "No, they are not many, they are a few I have taken from a customer of mine, instead of money"—I called at Bardwells, and said, "Here are some fresh ones"—I sold them two more at 1s. 10 1/2 d.—they said they thought they were not so good—I paid the prisoner 1s. 9d. for them—he wanted to know if I could not sell the others—I said, "I do not know, but if you let me keep the patterns, as I am about town, I will try and sell them"—he said, "I wish you could sell them, as I want the money for them, you will be down in the City to-morrow morning"—I said, "Very well"—on the following day but one I called and saw him—he then said he had two or three more—those I had the patterns of were gone—I said, "You have sold them?"—he said, "Yes, I believe they are gone"—I took out the patterns, and said, "They are of no use to me then"—he said he had another piece or two, and that was all—he said, "There is one here which is of a superior price to the others, I won't take less for this than 2s. 3d."—I said, "It does feel stouter, give me a pattern of it, and I will try to sell it"—he said, "I wish you would try to sell the whole of them"—I said, "Give me a pattern of that that seems to be better"—I took the patterns, and sold one to Mr. Lowe for 2s. 1d.—I had told Lovell before that the two last I had sold at 1d. a yard less than the others, and I said, "Let me have that at the same price as the others"—he said, "Well, well, sell that, I don't think we shall be very nice about 1d. a yard," and I paid him 1s. 9d.—there were two or three left—he said, "What do you say to these?"—I said, "I don't know, if I have the patterns, I will try to sell them"—I think they were different to what I had seen before—I had the patterns of one of them, and showed them to several persons—I could not sell them—I could not get above 1s. 6d. for them—I called on Bartram again, and sold them another for 1s. 10d.—I paid the prisoner 1s. 9d. for it—he said he had got four pieces more left—he said, "There are these left, they are all I have got"—I said, "I will see what I can do with the drab," and I took it directly to Bardwell, and showed it them—a man, who I did not know, came up to me, and said, "What have you got there?" and I told what it was. Cross-examined. Q. Where do you live? A. In Brewer-street, St. John-street-road, opposite Sadler's-wells—I am a housekeeper—I have lived there six or seven years—I have no lodgers—I carry on the woollen business—I am a woollen agent—I have no warehouse, but I have a place in the City, at my sister's—if I have occasion to send goods, I send them there; and if I have goods from the country, I have them there—my sister keeps a boarding-house in Basinghall-street—it is in part of her house that I deposit my goods—in different rooms, generally on the landing, and latterly in a little room behind, which they generally call my warehouse—it is a room where I frequently put things—I have not deposited any goods there for some time—it may be a month, or longer—I have little occasion for a warehouse—I have been in prison all this time on account of this silk—my son makes a quantity of fancy writing-desks, and sends them there for me to sell, and I have hundreds of pounds worth of goods sent there—if my son has any desks on hand, I endeavour to sell them—I deal in nothing else but woollens—I have sold Isces for Mr. Hall, of Montague-street, Spitalfields, during the last twelve months—I have exchanged cloth with him for laces to the amount of 200l. or 300l.—I deal with two or three persons in the country for cloth—I deal with Maltby, of Leeds—I have sold many goods for him—I think he lives in Basinghall-street, Leeds—I direct to "William Maltby, of Leeds"—I deal with Mr. Shamacher, a wool-merchant, in Thames-street—I did business with him within a month before I was taken—I never sold any silk serge before I met the prisoner—I have sold silk—nine or ten months ago I had two or three remnants of silk—I bought them at a sale—I have not sold 10l. worth of silk for these twenty years—I do not suppose I have bought 20l. or 40l. worth of silk in my life, or had three dealings in silk—I do not recollect having any dealings in silk for seven or eight years to my knowledge—when I went for the piece of drab silk I saw the prisoner at his house—that is true—I did not come into the shop and inquire for Mr. Lovell, and Mrs. Lovell did not tell me he was not at home—I do not recollect seeing her that morning—I did not take any silk into that shop, only the patterns—I do not know a gentleman of the name of Anderson—I did not show Mrs. Lovell the silks, and she did not ask me to leave them to show to her husband—I did not take into Mrs. Lovell's shop, on the 24th of May, a parcel in a coarse wrapper, and say I had a nice cheap lot of serge I should like to sell her—she did not say her husband was not at home—I did not say, "Give me leave to show them to you, they are worth the money," nor put the parcel on the counter, and say they were silk serges I could sell at 2s. 3d. a-yard—she did not say she would have nothing to do with them, I might call again when her husband was at home. Q. Did she not say to you, after whispering with a gentleman, that she would give 2s. 2d. for the black, but would not have the colours, as they were of no use? A. No—I did not at first refuse, and afterwards agree to let her have them at 2s. 2d., nor ask for a pair of scissors to cut the samples, nor ask her to let me leave them for two or three hours, and that I would then let her know—I did not pull out a small paper parcel, and tell her to throw it into the fire, and say they were patterns of goods which I had sold, and they were of no use—she did not in my presence give them to the children—I saw a girl in the shop, and I think Mrs. Lovell was in the shop once or twice during the whole of the times I called there—she was not there on the day I had the drab silk—when I took this piece of drab silk I saw a girl in the shop, and I saw Mr. Lovell in the parlour—I stood in the shop and pulled out the patterns, and I said, "There, Mr. Lovell, what about this? I can sell this"—that was the drab one—he said, "Come in here"—I walked into the parlour behind the shop, and then this conversation took place in the parlour about the drab—I told Mr. Bardwell they had been taken in exchange for goods, not that I had taken them—I said, at the time of the examination, that that was a mistake—I did not tell Mr. Lowe that I had taken them in exchange for goods—I said they had been taken in exchange for goods—I did not tell either Bardwell or Lowe that I had taken them in exchange for goods—I have been engaged in the cloth business forty-five years out of forty-eight—I was apprenticed in the trade—I worked in it when I was between three and four years old—I had a warehouse in Basinghall-street from 1818 till 1822—I gave it up because business was bad—I failed, and took the benefit of the Act in 1825, I think—I have done so twice, but it was for the same thing—there was something left out the first time I took it—there were some goods that were sent in, and were omitted to be put down, and thus, after six months, I had to go through the course again—I was opposed by a party who had sent in some goods which I objected to take—there they lay, and when I had taken the benefit of the Act the man sued me for these goods—he would not take them, and I gave them up to the Court—the man made himself assignee, and took those very goods—I have not been very intimate with the prisoner—I never had a quarter of an hour or ten minutes' chat with him in my life before this—I have known him about four years—during all that time he has lived and carried on business in the same place. MR. PAYNE. Q. When you went from Mr. Bardwell's to the prisoner, on the day the policeman saw you, did you carry any parcel in? A. No; I came out with one containing this drab silk—I have never been charged with any criminal offence, or ever been in custody in my life. GEORGE NELSON . I am porter to Mr. Stones—I know this piece of brown silk serge—I saw it on my master's premises on the 19th of April—there are my initials on it—I saw this piece of drab silk serge safe on the 19th of April—here are my fellow-servant's initials on it—these were a part of the stock that were missing when I examined the stock-book—from my knowledge of the business, I believe these other pieces produced are Mr. Stone's—he had serge of the same pattern and quality, and appearance, on his premises just before the robbery. Cross-examined. Q. By what do you identify the two pieces? A. This one by my own initials—my initials were placed on this on the 25th of Nov., when these pieces were sent out by me and entered in the approbation-book to a gentleman named Dewey—I can say I saw them on the 19th of April, from an examination of the pattern-book, which it is my duty to do—I checked them off as being in stock—seven or eight persons are on the premises, and we all serve occasionally. CHARLES LONG . I am shopman to Mr. Stones—I know this piece of drab silk serge—I put my initials on it on the 19th of April, when it was sent out to Mr. Rennells—it came back on the 21st, but I did not observe it then. JOSEPH BARTRAM . I am a partner in the firm of Bardwell and Co., Holborn-bridge—I remember Dafton coming to me on the 20th of May—he brought three patterns of levantine and serge, two of which I bought of him—forty-eight yards of black serge, and eighty-eight yards of brown levantine, at 1s. 11 1/2 d. per yard—on the 23rd of May I purchased of him ninetythree yards and three-quarters of black levantine, and fifty-three yards and three-quarters of brown levantine, at 1s. 10d.—they came to 13l. 10s. 5d.—I paid him 13l. 10s. 4d.—on the 24th I bought a length of black serge of him, under the direction of Inspector Pearce—(I had communicated with Mr. Stones, and had an interview with Mr. Pearce the night before)—I asked Dafton if he had any drab serge—he went away, and returned in about an hour, and brought this drab serge, which I had bought of him, under his arm—Mr. Pearce followed him into the shop, and took him there after I had bought the black serge of him, and he went away to fetch the drab—he had no parcel with him at all—he brought me patterns. Cross-examined. Q. How much did you pay him altogether? A. I think 31l. odd—I bought four different lots—he told me he had taken them in barter—I am sure of that. MR. PAYNE. Q. Can you be certain whether he said he had taken them in barter, or that they had been taken? A. I understood him to say that he had taken them in barter—I would not swear positively to it, but that is my impression—I took it for granted that they were his own, saying he took them in barter. NICHOLAS PEARCE re-examined. I followed Dafton from Mr. Bardwell's to Lovell's—he took no parcel in with him, but brought this one out. SAMUEL LOWE . I am a tailor, and live in Barbican. On Tuesday, the 23rd of May, I bought some serge of Dafton, at 2s. 1d. a yard—I paid him 10s. 6d. for it Cross-examined. Q. Did he tell you he had taken it in exchange for other goods? A. Yes, I am sure of that—he asked me 2s. 3d.—I offered him 2s.—he said it cost him 2s.—I then said, "I will give you a penny a yard profit"—he then showed me a pattern of brown serge, and asked me to purchase that—I said it did not suit me. DAVID MITCHELL . I live in Cloth-fair, and deal in woollens. On the 22nd of May I bought two pieces of serge of the prisoner, consisting of 200 yards together—I paid him 20l. for them, at 2s. a yard—I have known him three or four years, and am acquainted with his writing—I have a bill of his hand writing—I think I have never seen him write—he has sometimes made out bills at our warehouse, and sometimes sent them—I have acted with him in business on those bills which he has written at my warehouse—I settled with him on the faith of this writing—it is not the writing of any one in my employment—the prisoner's signature is put to this bill of parcels, and to all of them, and I have acted upon them. Q. Look at this account, which was found in the pocket-book in the prisoner's room, and from the knowledge you have acquired by what you have told us, what is your opinion about it? A. I believe it is the prisoner's writing—the figures on this other paper I should not believe to be his—this other paper looks more like his writing—if this had come to me from him, I should have thought it was his writing. Cross-examined. Q. Suppose you had seen this, if it had been lying on my desk, could you have expressed any belief about it? A. I then could not have said—if I had seen it at the other end of the town, I should not have expressed my opinion that it was the prisoner's writing—I know he can write—I saw him take the pen and write, but I did not stand over him to see him mark a letter—I thought him a respectable man—I was introduced to him by a person named Dafton, who had shown us some samples of woollen goods—I never dealt with Dafton for silks—the prisoner did not tell me the silks were selling for another person—I bought them in our warehouse—the prisoner brought samples first, and there was some dispute about the price—I am not quite certain whether he said that before he could part with them at any price he must consult another person—he said he did not think the price could be taken. GEORGE THOMAS . I believe these pieces of silk, produced by Mr. Mitchell, are what I sold to Mr. Stones on the 7th of April—I sold him two lengths then, and they are the same quality and pattern, and every thing the same. Cross-examined. Q. I believe you are clerk to your brother, who lives in Neville's-court, Milk-street? A. Yes—he is in a large way of business—there were but two pieces of this description in our warehouse—very likely there are some thousands of yards—I know this by the selvedge, and by the character of the piece—the manufacturer had about eighteen pieces of it—I know this piece so well, it is the fellow-piece to what Mr. Lowe has. WILLIAM BENSON STONES re-examined. I have looked at all this property—I had property of this description, in pattern and quality, on my premises at the time of the robbery, and missed property of this description immediately after—I believe this is mine, and was on my premises at the time of the robbery. HENRY FRY . I am in the employ of Mr. Stones. I am acquainted with his stock generally—it strikes me that I have seen this one produced by Mr. Mitchell before—this piece of drab I can identify as his—I saw it on his premises on the 21st of April. JAMES WADSWORTH . Those patterns that were found in the prisoner's house I believe to be patterns of part of the stock lost by Mr. Stones—I have compared them with the articles—they correspond. MR. WILKINS called THOMAS ANDERSON . I live in Victoria-row, Pimlico. I keep a shop and sell Berlin wool, and am in the silk, woollen, and trimming trade—I sell fancy goods in general—I have an agreement for a lease of my premises—I pay 116l. a-year rent—I have known the prisoner between sixteen and seventeen years, and have been in the habit of dealing with him—on the 24th of May, between eleven and twelve in the forenoon, I went for an order which I had given to be done by twelve o'clock—some gimp fringe and tassels, and buttons, and sleeve-ties—it was not completed, and I waited in consequence of it—I saw a person come in to the prisoners with a bundle under his arm—I saw the bundle opened, and it contained silk serge—there were two colours and black—one of the colours was a kind of drab, but I did not look at the coloured ones at all—the others were black—Mrs. Lovell was present when I went into the shop, and the person who came asked her whether Mr. Lovell was at home—she said, "No, he is not"—he said he wanted to see him, as he had got a job of serges which he could sell cheap—he could sell them at 2s. 3d. a-yard, if she would take the whole—she said she did not want any—I saw the colours at a distance, but the black I looked at and handled, and I felt disposed to make a purchase of them—I nodded to Mrs. Lovell and went towards the parlour—she followed me—I told her if she would buy the black, I would not mind giving 2s. 3d. a-yard for them—I did not want the coloured, it was no use to me—the whole six pieces of serge were then left—he had asked 2s. 3d. a-yard for them—Mrs. Lovell offered him 2s. 2d. for the black, after what I had told her, and he said he would take it—he asked for scissors and cut some samples off, but whether he cut from them all I cannot say, but I know he cut some from both the colours, and from the black—after he had cut off these patterns, he said he did not know whether he could part them, but if she would allow him to leave them there, he would let her know in an hour or two whether he could sell the black without the colours—Dafton has very much the appearance of the man, but I could not say positively that it is him, my eye-sight is very bad—to the best of my belief he is the man—I used my glasses to look at the serge—after the patterns were cut off, the man gave Mrs. Lovell something wrapped up in a piece of brown paper—I do not know what it was—he said they were some patterns of goods that had been sold and done with—they were of no use to him, and Mrs. Lovell might put them behind the fire—Mrs. Lovell's little child, who was behind the counter, said, "Mother, give it me for my doll"—I did not see her give the bundle to the child—it was on the counter—the man then went away—the shopwoman was in the shop at the time—Mrs. Lovell took up these pieces of serge, and put them on one side at the further end of the counter—they were there when I left. MR. PAYNE. Q. How long have you kept your shop? A. Six months—before that I kept the Black Horse, at the corner of Black Horse-yard, in the Dover-road—I kept that about two years—it is twelve months ago—I left it because I was burnt out—between that time, and the last six months, I was out of business entirely—I had been in the public line fourteen or fifteen years—I kept the Rum Puncheon, in Old-street—about eighteen months—before that I lived in Southampton-street, Fitzroy-square, for five years with my son, who keeps an oil shop—I was then dealing in silks and trimmings of all kinds, and serges occasionally—I did not get acquainted with Lovell by selling serges, but by his doing work for me sixteen years ago—when I was at my son's, I had a warehouse on the first floor—I had been nine years at Chelsea, and went from there to Southampton-street—I kept the Pitt's Head, in the Grange-road, for eleven months, twenty years ago—I have never been anything else—I attend sales by auction—I never had anything to do with the law—it was between eleven and twelve o'clock in the morning that the man came to the prisoner's—I know it was not twelve, because I got the goods I was waiting for, and in coming across Clerkenwell-green, it struck twelve—Mrs. Lovell was behind the counter, and the man stood in front—the shopwoman was behind the counter, and backwards and forwards to a table—the man had a hat on—he did not take it off at all—I had my hat on—I believe I did not take it off—I was sitting on a leather seated chair just by the window—it was not an arm chair—Mrs. Lovell asked me to sit down as I was waiting for the work—the serges that the man brought were wrapped up in folds—I should say they were worth from 2s. 6d. to 2s. 9d. a-yard—there were six pieces, and I bid money for four—perhaps the six pieces might be worth 60l.—I do not know—I did not buy them because they were offered to Mrs. Lovell—I did not want to take them from her—she told him he must call again when her husband came in—the prisoner is a fringe and trimming manufacturer—I have sold him silks and worsteds—I went before the Magistrate on the second time, and the solicitor told me he had no hearing, but was remanded for a third examination—I went up then, but did not offer myself, because the attorney spoke to the Magistrate—I did not tell him I could show where the prisoner got this, because the attorney said the Magistrate was determined to commit the prisoner—so I was merely like a bystander. MR. WILKINS. Q. Was it in consequence of some information from the solicitor, or the prisoner that you went there? A. Yes—I was ready to give my evidence. ELIZA THOMAS . I am the wife of James Thomas, and am shopwoman to the prisoner. I saw the last witness come to the prisoner's shop, on Wednesday the 24th of May—he was there about ten o'clock in the morning—while he was there Mr. Dafton came in, and asked if Mr. Lovell was at home—Mrs. Lovell said no—Dafton had a parcel in a coarse wrapper under his arm, and he said he had a nice cheap job lot of serges, that he should like to sell her—she said her husband was not at home, and she could say nothing to it—Dafton said, "Give me leave to show them to you"—he laid the parcel on the counter, and opened the silks—I could see that they were silks of the same sort as these—I did not hear him mention exactly the price—he said he would sell her them cheap—I saw Anderson whisper to Mrs. Lovell at the end of the counter, and then she told Dafton that if he liked to take 2s. 2d. for the black, she would buy them, but would not have the colours at any price—he did not say whether he would let her have them or not—he then asked for a pair of scissors, and they were handed over to him—he cut off some of the ends of the silks, then asked her to let him leave the silks there for two or three hours till he returned, and he would then let her know whether he could separate the black from the colours—he then produced a paper with some small pieces of silk in it—he said they were patterns of goods he had sold—they were of no use, and he asked her to burn them—she gave them to the child, and told her to burn them—Dafton then went away, and Mrs. Lovell put the silks on a shelf at the end of the counter— after Anderson was gone, a little girl three years old, one of the children came in, and brought some pieces of silk, and in consequence of what she said I put the pieces of silk in a beaufet—Mr. Lovell came home about four o'clock—Dafton came back about four—he saw Mrs. Lovell, and told her he had sold the drab, and she might have the black at her price—she called Mr. Lovell—Dafton and him were together in conversation in the shop—Mr. Lovell said he must measure the silk—Dafton said he was going to take the drab, and he would return shortly—the drab was on the counter—he then wrapped it up, and took it away with him—Mr. Lovell put the blacks at the end of the counter, and Mrs. Lovell afterwards put them in the parlour as they were in the way—Dafton told me that he would leave the brown silk till he came back, and I put it into a box under the show board in the shop—I left between four and five o'clock, as I was ill, being near my confinement—on the solemn oath I have taken every thing I have said is true. MR. PAYNE. Q. How often had you seen Dafton before? A. I have seen him several times in the shop talking with Mr. Lovell—he had been there a few days before—I do not know how often—I do not know whether I had seen him there several times within the course of four or five days before—I cannot say that he had not been there—I am there from nine o'clock till nine—I sometimes have my meals there, and at other times at home—my husband is a stone-mason—I do not know of any silk drawers being among some rags under a bed—I will not swear there were not some under a bed in the kitchen—I was not there when the officer searched the place—there are boxes with the children's clothes in under the bed in the kitchen—I could not swear there were not rags there—there were a few pairs of stockings there—I did not see twenty-four pairs—I will not swear they were not there—I never saw any aloes or nutmegs there. MR. WILKINS. Q. You have been asked whether Dafton had been there several times in the course of a few days? A. I had not seen him many times—I have been engaged in this trade all my life—it is very common for a man to take hosiery in exchange for trimmings—I have known Mr. Lovell five or six years—during the whole time he has borne the character of a respectable shopkeeper. COURT. Q. Where was Mrs. Lovell when Dafton came into the shop? A. Assisting me to get an order off—she was behind the counter, and so was I—Dafton was on the other side of the counter, and Anderson was on the other side of the counter, waiting for some work—he was sitting part of the time—I am not related to Lovell. (Samuel Gogay, a silk and cotton bobbin seller; James Wingfield, a saddler, Long-lane; Thomas Crossley, warehouseman, Falcon-square; Edwin West, warehouseman, Fore-street; and Samuel Craig, of Surrey-road; gave the prisoner a good character.) GUILTY . Aged 49.— Transported for Fourteen Years. Second Jury, before Mr. Common Sergeant. Old Bailey Proceedings Online (www.oldbaileyonline.org, version 9.0) June 1843. Trial of JAMES LOVELL (t18430612-1964). Available at: https://www.oldbaileyonline.org/record/t18430612-1964?text=Crossley

135

C H on 15th February 2024

VDL Founders and Survivors Convicts 1802-1853, Convict Description Record ID fas_cod23332 Arrival year 1844 Arrival month 2 Arrival day 4 Gender m Height feet and inches 5.4.5 Height feet 5 Height inches 4.5 Height (in inches) 64.5 Can read? yes Can write? yes Religion Protestant VDL Founders and Survivors Convicts 1802-1853, Native Place Record ID fas_nap5665 Arrival year 1844 Arrival month 2 Arrival day 4 Birthplace transcription Bexley, Kent Birthplace town Bexley Birthplace county Kent Birthplace country England