Old Bailey

Extracts from The Proceedings of the Old Bailey, London's Central Criminal Court, 1674 to 1913

JOSEPH JAY, Theft > grand larceny, 1st July 1801.
Reference Number: t18010701-59
Offence: Theft > grand larceny
Verdict: Guilty
Punishment: No Punishment > sentence respited

590. JOSEPH JAY was indicted for feloniously stealing, on the 21st of June, a watch, value 20s. a watch-chain, value 20s. and a watch-key, value 1d. the property of Thomas Hinton.

THOMAS HINTON sworn. – I am a greengrocer, in Little Moorfields; the prisoner is a lad that I employ to run of errands: On Monday morning, the 23d of June, the boy came as usual, about six o'clock, but did not come to market; I came home about seven o'clock and could not hear of him; about seven o'clock in the evening of the same day, an officer came to me from Barking, in Essex, and asked if we knew any thing about a watch; I then missed the watch, it hung in the back-room, where we sat, it had a chain and a key belonging to it.

Q.Are you sure your house is in the city of London? – A. Yes; I was ordered to attend at the Justice's the next morning, Tuesday, and there I saw the prisoner and the watch; Pearson the constable has the watch.

JOHN SACKETT sworn. – I am bailiff to the sheriff of Essex; I was going down the road between Ilford and Rumford, and saw the prisoner upon his knees, looking at a watch; I asked him what he had there, he said, a watch that he had found in the bridge, near Ilford; I then asked him what he would have for it, his answer was, what will you give me for it; I asked him then to let me look at the watch; when I had got it in my possession, I said, my lad, I am afraid you came dishonestly by this; he said, no, indeed, he found it upon the bridge, beyond Ilford; I then sent for a constable, and gave charge of him; I took the watch before the Magistrate, at Barking, and then delivered it to the constable.

THOMAS PEARSON sworn. – I am constable of Ilford; I received this watch from Sackett. (Produces it.)

Sackett. This is the same watch.

Hinton. This is my watch, there is my wife's name on the front of it.

The prisoner did not say any thing in his defence.

Prosecutor. The boy had been with me five weeks; I had trusted him to serve in the shop, he has taken a great deal of money for me, and I always found him honest.

GUILTY, aged 13. – Judgment respited.

London Jury, before Mr. Recorder.

THOMAS SACKETT, Violent Theft > robbery, 13th September 1827.
Reference Number: t18270913-21
Offence: Violent Theft > robbery
Verdict: Guilty > with recommendation
Punishment: Death

First London Jury - Before Mr. Recorder.

1609. THOMAS SACKETT was indicted for feloniously assaulting James Sharpe, the elder, on the 22d of August, at St. Bartholomew by the Exchange, putting him in fear, and taking from his person, and against his will, 1 pocket-book, value 6d.; 1 bill of exchange for payment of and value 53l. 7s. 5d.; 1 other bill of exchange for payment of and value 150l.; 1 other bill of exchange for payment of and value 80l.; 1 other bill of exchange for payment of and value 65l. 2s. 6d.; 1 other bill of exchange for payment of and value 200l.; 1 other bill of exchange for payment of and value 25l.; 1 other bill of exchange for payment of and value 35l. 13s. 6d., and 1 other bill of exchange for payment of and value 25l.; 1 promissory note for payment of and value 300l., and 1 other promissory note for payment of and value 100l., the property of the said James Sharpe, against the statute.

MR. JAMES SHARPE, SEN. I live at No. 6, City-terrace, City-road. I have been a clerk in Messrs. Hankey's banking-house for fifteen years, and am still with them. On the 22d of August I left their banking-house in Fenchurch-street, at four o'clock in the afternoon, and then had a pocket-book in my inside coat pocket, containing bills of exchange for 53l. 7s. 5d., 150l., 80l., 65l. 2s. 6d., 200l., 25l. 35l. 13s. 6d., 25l., also a 300l. and a 100l. promissory note—they were all in my pocket-book, and my coat was buttoned up from the time I put the book into my pocket, till I came to the end of Copthall-buildings, where I saw five or six men standing, as if in conference with each other, they were close to the posts at the end of Copthall-buildings, by the passage which leads into Bell-alley—I did not observe the features of any of them; as I was going between the posts, a hustling began among them, and they stopped me; I could not go forward nor backward, as I was surrounded by them (I knew nothing of the party at all)—I was hustled for some time by these men, and at last they got so violent, that I really became apprehensive for the consequences of it—I was quite frightened; when they had hustled me for a small space of time, with violence, then they all dispersed in a moment; they all ran off. I immediately looked down, and found my coat had been opened—I felt for my pocket-book, and that was gone, with the contents. I have not since seen it, or any of the property in it; I have no recollection of the features of any of the persons. I gave an alarm, and said I was robbed of my pocket-book; I saw the prisoner in custody within ten minutes—Brady, I think, had him—only one person was secured.

Cross-examined by MR. BRODRICK. Q. Have you a son or relation named James? A. I have a son, James, about twenty-five years of age; this happened about a quarter-past four o'clock in the afternoon; the place is a considerable thoroughfare. I could not tell at what time of the transaction the pocket-book was taken. I suppose it was when the violent hustling began—it all happened in less than two minutes.

MR. THOMAS EDWARDS. I am a member of the Stock Exchange. I was passing from Copthall-court into Bell-alley, about a quarter-past four o'clock on this afternoon; there are some posts there—I saw Mr. Sharpe, and observed a very unnecessary confusion in passing; there were several men there, and the prisoner among them—it was not till the party separated that I could see Mr. Sharpe, he being a short man, and so surrounded by them; I could not at that instant distinguish him—about five or six persons were surrounding him, besides others who were passing at the time, and had nothing to do with it. I heard a person observe, "The conduct of those men is more like pick-pockets than anything else." I was waiting to get by at the time, and hearing that observation, I took more notice; Mr. Sharpe appeared very much agitated; the persons separated rather in haste; there was only one I could fix my attention on, and that was the prisoner. I can speak to him with the greatest confidence, he was not so far from me as I am from your Lordship; I asked Mr. Sharpe if he had lost any thing—he felt his pockets, and said "I have lost my pocket-book." I asked him if any thing of consequence was in it; he said between 200l. and 300l. I instantly left him, and ran back through the posts, and caught the prisoner by the arm; he was walking at a rapid pace, and two others of the gang were also walking rapidly. I said to the prisoner, "I observed you there under very suspicious circumstances, the old gentleman has lost his pocket-book, and you must not go till you give some account of yourself," he hesitated at the moment and appeared to doubt that I should suspect him. I said, I certainly would not lose sight of him, and resistance was in vain; he then professed great readiness to accompany me. Mr. Clarke immediately came up, and said "I am sure that is one of the men;" the prisoner was very near, and I suppose must have heard it—I think he was nearer to the prisoner than I am to your Lordship. Mr. Clarke did not speak very loud—I begged of Mr. Clarke to run after the two other men, but none were secured; the prisoner walked down with me to the end of the court—I walked by his side, and while I was speaking to Mr. Clarke he had walked on rapidly some paces, I followed him again and overtook him, and soon after met Brady, the officer, and gave him in charge—he took him into a shop. I am quite confident he is one of the persons who surrounded Mr. Sharpe—when he was in the shop, he accounted for his being seen stooping down, by saying some of the party had lost a few shillings. I had not seen him stooping down—he said he had stooped down because himself, or one of the party, had dropped a few shillings; I will not say his exact words, but it was to that effect—that himself or some of the party had dropped a few shillings; whether it was himself, or one of the party, I will not undertake to say—I had seen no stooping down myself, not so as to swear to it—he was taken to the Mansion-house, and refused to give any account of it. I have not the slightest doubt of his being one of the persons.

Cross-examined. Q. How far from where you saw Mr. Sharpe did you come up with the prisoner, when he was walking? A. I should think about fifty yards, it might be seventy; I had asked Mr. Sharpe if he had lost anything.

Q. Was your attention at that time drawn off to Mr. Sharpe? A. Certainly—I did not see any person do anything—I think I saw a person stooping, but will not swear it.

Q. You followed some persons who were walking quickly? A. Yes; their backs were towards me.

Q. Before you saw Mr. Sharpe, you had your eye on the party? A. Yes; the instant the observation was made about their conduct I spoke to Mr. Sharpe—I saw the prisoner before I spoke to Mr. Sharpe, it was long enough to distinguish him, it might be a quarter of a minute at the least—eight or nine persons might be collected, waiting to get through the posts like myself.

Q. Do you happen to know how easy it is to mistake a man's face? A. Yes; but it is not easy to mistake a yellow handkerchief, and boots, much larger than are usually worn, without tops to them, and a tall man like him—he had a yellow handkerchief, and boots of a peculiar character, which attracted my attention, as well as his features, and his back more particularly. I saw his back and face also; not both at the same instant, but during the time—the crowd was very close together; the prisoner was an outside one.

Q. When a crowd is collected, can you see who has boots on? A. Yes; he being outside the crowd, but one of them; I noticed his being a very tall, powerful man; I was going to remonstrate with them at first, for pushing in that way against an old gentleman—and when I heard about pick-pockets, I noticed them more—I took hold of him, but when he consented to go quietly I let go of him; he walked on before me eight or ten yards, and I came up to him; he walked away at a very rapid pace—he did not run—the others ran away when they got to the corner; they were all strangers to me—whether they were acquainted together I do not know.

Q. You did not see them do anything? A. I saw them very active in surrounding the gentleman; I saw him among the crowd, very active in opposing resistance to any one who attempted to come through the posts, as I thought, but when they separated and the cry of Pickpockets! was given, then I found what they had been about—a considerable quantity of silver was found on him; I believe nearly 3l. but none of the property—Mr. Sharpe was agitated, and said he had lost 200l. or 300l.; but directly he got to the Mansion-house, he said 1200l.

WILLIAM CLARKE. I am a clerk in the London Life Assurance-office. I was passing in Copthall-buildings at the time in question, and noticed a number of persons standing round by the iron posts: I was informed Mr. Sharpe had been robbed of his pocket-book—I did not see him at first, but when I heard he had lost his pocket-book, I saw him—I saw three persons going in the direction which the prisoner went, and several persons going towards Bell-alley: I distinguished the prisoner's person quite plain—When I first saw him he was at a less distance than I am from your Lordship. I joined Mr. Edwards in the pursuit, and overtook the prisoner. I then went to see after two others, but did not succeed. I walked with Mr. Sharpe to the Mansion-house—the office was closed. I attended the examination next morning, and had no doubt of the prisoner's person then, nor have I now. I have no doubt of his being one of the men I saw at the posts at the time Mr. Sharpe was robbed.

Cross-examined. Q. Do I understand that your attention was first directed by hearing it said Mr. Sharpe was robbed? A. My attention was first directed by seeing a number of persons together. I directly put my watch into my pocket for safety; that was before I heard Mr. Sharpe had lost his pocket-book. I suppose seven or eight persons were collected—I was not in the crowd.

Q. There was a crowd? A. There were seven or eight persons round the posts. The passage is not more than four feet wide, I should think: they completly blocked up the passage—I could not see beyond them.

Q. When they dispersed did not ten or twelve go away together? A. No—I saw no persons walking but myself and Mr. Edwards: he (Mr. Edwards) was close to the crowd; I was further from them.

JOHN BRADY. I am a constable of Broad-street Ward. I was going down Broad-street, and saw a crowd of people coming up: I asked a person what was the matter—they sent me down to Copthall-court, but I met Mr. Edwards in Broad-street: he said, "This man has hustled a gentleman, and he has been robbed:" he charged the prisoner with it. I secured him, and took him into a grocer's shop, and searched him, but found none of the property.

Prisoner's Defence. I have only to observe that I was passing accidentally through the court at the time: several other persons seemed obstructing the passage; I passed, as several others did, and did not notice any thing that was going on—I passed through the crowd, through three or four persons—I got through, and was going along another street, out of the passage, when a gentleman accosted me, and asked if I had not come through that court—I said Yes: he said a gentleman had lost his pocket-book there—I said I knew nothing about it; he said it was very suspicious; I said, "If you think it was me, you are at liberty to search me, or I will go any where with you." That is all I know of the transaction.

MR. EDWARDS. I am not certain that the prisoner said he himself was stooping down.

Two witnesses gave the prisoner a good character, but stated they had known nothing of him for the last three or four months.

GUILTY—DEATH. Aged 28.

Recommended to Mercy by the Prosecutor, not having sustained any personal injury.

JOHN WILLIAMS, Theft > simple larceny, 11th September 1828.
Reference Number: t18280911-23
Offence: Theft > simple larceny
Verdict: Not Guilty

1580. JOHN WILLIAMS, alias SACKETT, was indicted for stealing, on the 27th of August, 1 padlock, value 2s., and 1 staple, value 1d., the goods of George Ward.

GEORGE WARD. I lost a padlock and staple from the door of my workshop, in Greystoke-place, Fetter-lane: I am a carpenter. There is a dwelling-house over the premises, but no communication; I fasten the door with a lock, and then a padlock and staple; I have no mark on them, and could not identify them; I received information next morning, and found them gone.

Cross-examined by MR. BARRY. Q. Were you present when the prisoner gave his name and address? A. Yes, at Guildhall; I did not go to see if it were correct.

SUSAN MOON. I live with my father, in Greystoke-place, Fetter-lane. On the night of the 27th of August, about twelve o'clock, I was in my bed room, and heard some person walking up and down; I asked my mother if I should put out the candle—she said, "Not yet;" I saw a man trying to get the padlock off Ward's door; I saw the padlock in his hand after he had got it off, and then he went towards Cursitor-street; when he had been gone about five minutes the watchman came down—I told him somebody had taken off the padlock; I described his dress to the watchman, and in two or three minutes the prisoner came back again from Fetter-lane; I am sure it was the same man as I had seen before, and that it was the prisoner—I did not see his face, but his person; his dress and figure appeared to be the same; the watchman took hold of him just as he passed the gate, and asked if he was the man—I said Yes, and he secured him; I did not see him do anything.

Cross-examined. Q. Were there not several persons on the spot when the prisoner came back? A. He was disturbed by several persons passing and repassing, while he was getting it off; it is in a kind of court—the watchman was waiting for him round the corner; I was at the first floor front window—it was about ten minutes past twelve o'clock, and rather dark.

Q. You only know that the man had the same dress? A. Yes.

JOHN NEWTON. I am a watchman. Moon told me a man had taken the padlock, and described his dress; another watchman met me, and heard the description as well—he said the lock was gone; I went round my beat, covered my light, and secreted myself about ten yards from the place, and in about ten minutes saw the prisoner come from Fetter-lane; when he came up to me I went and asked what he was about—he said he was going home; I said, "You have been here before to-night"—he said not; I said, "Have you not taken that lock off?" he said No—Moon called from the window, "That is the man;" I took him, and found a chisel on him, but no padlock.

Cross-examined. Q. Is he not a carpenter? A. Yes; he was dressed in a flannel jacket: when I took him to the watch-house I went to see if the chisel corresponded with the marks on the door, and did not hear him give his address, nor have I heard him give his address.

COURT. Q. You left him conversing in the watch-house? A. Yes. It was a common carpenter's chisel, and corresponed with the marks on the door; I think he had passed the door for a yard or two, when I met him—he did not stop at it; I do not know whether he saw me—there was a gas-light within eight yards of the door, which would enable Moon to see him; I had not seen him there before; the court is about sixty yards long, and has two gas-lights.

THOMAS WELDEN. I am an officer, and produce the chisel, which I saw taken from the prisoner; and afterwards compared it with the marks—he said that night that he lodged at No. 4, Greystoke-place, and gave the name of John Williams; he said next day that he lodged in Newcastle-court, Strand, and gave the name of John William Sackett.

Cross-examined. Q. Did he not tell you he was a carpenter? A. He did—I will swear he did not give his right address that night.

JEREMIAH SULLIVAN. I found the lock and staple in Cursitor-street, about twenty yards from the place, the next morning.

GEORGE COTTLE. I am Mr. Ward's foreman. I locked the premises up on the night of the 27th.

Prisoner's Defence. The chisel is part of my tools, which I daily use. I met George Brady at twelve o'clock; we spent the day together; I saw him home to Joiner's-row, he being a little drunk, and was coming that way home—as I entered Graystoke-place I saw a lot of watchman surrounding the bars; when I got up one of them said,"Where are you going?" I hesitated, thinking he had no right to ask me—he said a person of my description had attempted to break open those premises; I immediately told him who I was and where I lived, and went to the watch-house without hesitation; I said my name was John Williams, thinking it a very trivial offence; I told them my right direction—he went to try the chisel; I am told one larger or smaller would fit the place. As to my not giving my right direction, it is false—before I was taken to the Compter I said my name was Sackett, when I thought it was likely to be serious.

NOT GUILTY.

CHARLES BARTLETT, Theft > stealing from master, 7th April 1831.
Reference Number: t18310407-202
Offence: Theft > stealing from master
Verdict: Guilty
Punishment: Transportation

897. CHARLES BARTLETT was indicted for stealing, on the 17th of March, 1 sovereign, the money of John Pagelson, his master.

SUSANNAH PAGELSON. I am the the wife of John Pagelson, a pastrycook and confectioner, who lives in Whitechapel-road. The prisoner has been in our service for two years; he had 1s. a week—he was with me on the 16th of March—at eleven o'clock that night I received a sovereign and locked it in my husband's desk; I went to bed, and all my servants were gone to bed—the prisoner went into the bakehouse, where he sleeps; he was an errand-boy—a little boy, who is here, was taken ill in the night; he went down, and saw a light in the shop—he looked in, and saw the prisoner; I got up at half-past six o'clock—the prisoner was then gone, and the desk had been opened, I suppose by a false-key, and the sovereign was gone—the prisoner had given me no notice of leaving.

WILLIAM SACKETT. I am errand-boy to the prosecutor. On the 17th of March, between one and two o'clock in the morning, I had to come down stairs—I saw a light in the shop, which rather alarmed me, but I looked through the kitchen window, and saw it was the prisoner; he had a candle close to my master's desk—I wondered how he got there, as the doors were locked; I tried them, and they were fast—he must have got up through a trap-door behind the counter; I went to tell my mistress, and when I came back he was gone, and the light also.

SAMUEL PRENDERGRASS. I am an officer. I took the prisoner in his master's house on the 17th of March—I searched him, and found 3s. 4d. in his jacket pocket; I then asked him if he had any more money—he said No, but on further search I found three half-crowns and three shillings in his coat pocket; I questioned him further, and he said he had been out for two hours.

Prisoner's Defence. I was in the habit of turning off the gas, and that night I smelt it very strong—I pulled up the flap, and went down into the cellar; I found a vacancy—I went to try the burners; they were all right, and I went to bed again—I went out in the morning, and when I returned I was taken.

GUILTY. Aged 22.—Transported for Seven Years.

WILLIAM SETTER, GEORGE REYNOLDS, Theft > simple larceny, Theft > receiving, 7th July 1845.
Reference Number: t18450707-1558
Offences: Theft > simple larceny; Theft > receiving
Verdicts: Not Guilty > other

1558. WILLIAM SETTER was indicted for stealing 1 spoon, value 7s., the goods of Mary Ann Sackett; and GEORGE REYNOLDS, for feloniously receiving the same, well knowing it to have been stolen.

MARTHA SMITH. I am servant to Mrs. Mary Ann Sackett; she lives in the Lee-road, leading to Kidbrook, in Kent. On Thursday, the 19th of June, the prisoner Setter came there between four and five o'clock—he said he came to see Mrs. Sackett—she was not at home—he asked my fellow-servant to have a drop of beer—we said we were not in the habit of drinking beer—he then said might he have a drop of water—my fellow-servant said she would fetch him a drink—he said never mind, he would fetch it—he went into the back room, and when he came back he said he must be gone—my fellow-servant said, if he would stop, her mistress would ask him to have tea—(he knew my mistress a great many years)—he declined it, and said he must go, and he went, after stopping three or four minutes—before he came I had laid some spoons on a table in the back kitchen about two o'clock—that was the room into which Setter went—I did not miss one of them till the officer brought it on Saturday—no one had an opportunity of taking it between the time that Setter called and the Saturday, for no stranger had come in—my fellowservant had access to that part of the house, but she is not here—there had not been occasion for the spoon to be used between the time that Setter came and the Saturday—after Setter had been gone about a quarter of an hour, Reynolds came to our house—he brought a china ornament which he called a cottage—he asked if my mistress had ordered such a thing—we said not that we knew of—he said he was sure it was there—we said it was not there, perhaps it was next door—he said he had been next door—he never got in at all, and had no access to our back kitchen.

Cross-examined by MR. PAYNE. Q. Is there a way to the back kitchen without going through the front kitchen? A. Yes, there is a passage—Mrs. Sackett keeps a school—there are no young children—I think the youngest is between four and five years, but there were no children about at that time—I laid this spoon upon the dinner table at one o'clock, and put it in the back kitchen at two o'clock—I had never seen Setter at my mistress's—I had only been there three months—I have heard my mistress say she knew him.

Cross-examined by MR. MELLOR. Q. Had not Reynolds got the cottage in his hand? A. Yes.

COURT. Q. Was there more than one spoon? A. Yes, I put five there altogether, and we missed one on the Saturday—I never count the spoons—we have other spoons, but the spoon that was missing must have been one of the five that I put in the back kitchen—it is the only spoon we had that had a name on it—there is no other like it—it has an H on it—I recollect this was one I laid on the table at one o'clock.

JOHN CARPENTER (police-constable R 84.) Between five and six o'clock on Thursday, the 19th of June, I saw Reynolds in the Lee-road, about a quarter of a mile from the prosecutor's premises—I saw Setter join him in less than a minute—I watched them, and followed them about a quarter of a mile—they separated after I had followed them, for ten minutes or a quarter of an hour—I took Reynolds, and directed Eagles, who was with me, to take Setter—on taking Reynolds I said, "What is this you have in your pocket?"—he said, "Nothing"—I took off his hat and found in it this china cottage—I saw his hand busy in his pocket—I took his arm and said, "What is that you are putting up your sleeve"—I took his arm and took out this spoon, which he was putting up his sleeve—I said, "Whose is this?"—he said, pointing to Setter, who was a hundred and fifty yards off, "It belongs to that young man"—I took Reynolds to the station, and there, in the presence of Setter, I said to Reynolds, "Whose is this, and where did you get it?"—he said, pointing to Setter, "He gave it me"—Setter said, "I know nothing about it."

Cross-examined by MR. MELLOR. Q. Reynolds told you he had the spoon given him by Setter? A. Yes, and said it was his own property—I should have stated, that when I spoke to him I asked him what he was doing on Blackheath—he said, "That young man and I came down from Shoreditch for a walk together"—I think it was their seeing me that induced them to separate—Setter knew me, and he left Reynolds—I did not put my hand in Reynolds's pocket—his hand was in his pocket—I laid hold of his arm, and drew his hand from his trowsers pocket—he was pushing this spoon up his sleeve—seeing the end of the spoon I pushed it out of his sleeve—it was then about half-past five or twenty minutes to six o'clock—I heard Setter afterwards say he had found the spoon, and given it to Reynolds to take care of.

NOT GUILTY.

Old Bailey Proceedings front matter, 3rd July 1848.

The name Sackett Tomlin appears on the fourth of six juries on the List of Jurors for the ninth session of the Central Criminal Court commencing on 3 July 1848.

RICHARD WYBURGH, CATHERINE CRONIN, Violent Theft > robbery, 15th August 1864.
Reference Number: t18640815-827
Offence: Violent Theft > robbery
Verdict: Guilty > other
Punishment: Imprisonment > penal servitude

827. RICHARD WYBURGH (32), and CATHERINE CRONIN (33), Robbery, with violence, on Edward John Sackett, and stealing 1 watch, 1 chain, 1 pin, and 13s. his property.

MR. KEMP conducted the Prosecution and MR. DALEY defended Wyburgh.

EDWARD JOHN SACKETT. I am a leather shaver, at 2, Elizabeth-terrace, Bermondsey—about 1 o'clock on the morning of 29th July I was returning home and I met Cronin, in Tooley-street—she spoke to me and continued walking by my side for some time—I noticed two men following us, the male prisoner is one of them—when we got to the railway a man came behind me, put his arm under my neck and said, "Do it Dick"—Wyburgh took my pin, my handkerchief, half a sovereign, and half a crown, and then they all ran off together—in the scuffle my hat fell off, and as they were running away I said, "You might as well have left me my hat"—the prisoner came back and gave me my hat, and then walked down into Russell-street with me, till we met a policeman, and I gave him in charge—he did not try to run away—I did not collar him till I saw a policeman—to the best of my belief the female prisoner is the woman I saw on that night—I was talking to her perhaps half an hour altogether—I was walking with the man about five or six minutes.

Cross-examined. Q. You had been at a boat race, I believe? A. Yes; at Horsleydown, with two friends—I went there about 5 in the evening—it lasted about an hour—I parted with my friends at their homes—one of them lives at the Victoria, Rotherhithe New-road—I went in there with him and had a glass of ale, and the other friend returned to Bermondsey with me—I had nothing to drink at the boat race—we got to the Victoria about 8—we rode there in a cab from the boat race, which is about two miles—we did not leave directly the race was over—it may have been 7 when we got to the Victoria—I then went back in the cab to Bermondsey with the other friend, and was with him about three hours—we had some ale during that time, and I think we had one glass of gin—it might have been 11 when I left him—he lived about a quarter of a mile from where I was attacked—I did not go straight home after I left my friend—I had no idea in my mind where I was going—I went to the King of Prussia public-house, in Tooley-street, and had a glass there—I remained there perhaps half an hour, and was going back again towards home, when this woman accosted me—she followed me—I did not know the prisoner was one of the men when the two men were following me—it was from what I afterwards saw.

MR. KEMP. Q. Were you sober? A. Yes.

Cronin. Q. What did I have on, a bonnet or shawl? A. No bonnet, a shawl.

COURT. Q. Have you any doubt about her at all? A. No.

JOHN CARTER (Policeman, M 190). The male prisoner was given into my custody by the last witness, last Friday fortnight at half-past 1 in the morning—he had hold of his collar with one hand, and he had his watch in the other—he gave him into custody for attempting to steal his watch and chain—a portion of the chain was taken away—he also said he had been robbed of some money and a pin—the prisoner said it was false—I know both the prisoners by sight—I have frequently seen them in company together.

Cross-examined. Q. Do you say you have constantly seen them together? A. Many times at Dockhead, Kent-street, and different places round there—the watch is here (produced). it was in the prosecutor's hand when I saw it.

Cronin. Q. Did you see me that night? A. Yes; about three minutes previous to my taking Wyburgh into custody.

EDWARD JOHN SACKETT (re-examined). This is my watch.

The prisoner's statements before the Magistrate:—Wyburgh says, "I know nothing of the robbery—he asked me to give him his hat, and I picked it up and gave it him." Cronin says, "I went to the station and gave information against Catherine Sheen and John Brown as being the parties. I was at home in bed, and know nothing about it."

Cronin's Defence. I am quite innocent of the robbery. I was in bed at 9 on that night.

GUILTY.

WYBURGH was further charged with having been before convicted of felony at Newington in January 1860, to which he PLEADED GUILTY**.—Ten Years' Penal Servitude. CRONIN**.—Five Years' Penal Servitude.

HARRY FAULKNER IRVINE, Theft > embezzlement, 21st March 1904.
Reference Number: t19040321-321
Offence: Theft > embezzlement
Verdict: Guilty > other
Punishment: Imprisonment > hard labour

321. HARRY FAULKNER IRVINE (28). Embezzling £7 19s. 9d., £12 14s. £12 6s.10 1/2 d., and £6. received by him on account of the National Cash Register Company, Limited, his employers. Second count, Converting the said moneys to his own use and benefit.

MR. WARRY Prosecuted; MR. WARD Defended.

FRANCIS SIBBALD. I am a District Instructor in the employ of the National Cash Register Company, Limited—the prisoner entered the school of the Company in September—he received a book containing the full regulations and instructions of the Company, with which it was his duty to become acquainted (Produced)—he was in the school till October 20th, and then he worked under me in a district in North London—his duty was to sell cash registers under my direction, receiving 12 1/2 per cent, commission—any money he collected he was to turn into the Company the same day that he collected it—he made daily reports both to the Company and myself—this is an account of the sums I advanced him in cash and the commission he earned while he was with me (Produced)—on October 22nd I advanced him £1 10s., and I also advanced him for subsistence on October 24th, £3; October 30th. £3; November 7th, £3; November 14th, £3; November 21st, £3, which, with the £1 10s. on October 22nd, makes £16 10s.—he was credited with £6 16s. 5d. by way of commission on Sackett's and Dale's contracts which he had obtained—he owed me, therefore, £9 13s. 7d., which by Section 16 of his contract the Company were to pay to me and charge him with—he did not come to the office on February 1st, and I wrote him on February 3rd, asking him to do so, but he did not come—I saw him a few days afterwards, when he promised to come at 2 p.m. the same day, but he never came—on February 20th I met him in the street and gave him into custody—I have never failed to account to the Company for any moneys which I have received from the prisoner on their behalf—this is his contract with the Company, signed by him and dated December 1st, 1903.

Cross-examined. I have not charge of the school—the prisoner is an American—he was in my employ from October 20th to December 1st, when he entered into a contract with the Company—I was getting 20 per cent, commission—I advanced him money out of my own pocket, and I expected to get it back if he made any sales, on which I made 7 1/2 per cent. profit—between October 20th and December 1st he paid me various sums he had received from customers—I did not give him receipts for those sums, but he could have had them if he had asked for them—I cannot at present find the rule in the decision book where it says that he must ask for receipts—he did not give me receipts for money I paid to him—I do not keep my accounts in a book—the traveller would soon find if there was a mistake or not—if he collected £10 from a customer and only sent a receipt for £5 he would hear of it—I have nothing to do with the engagement of the men—he did not get many orders when he was in my employ—it was I who really got Sergeant's order, which was taken in another agent's district, and which the prisoner had no right to take—I was not entitled to take it either, and I did not claim any commission for it, so there was no reason why he should—I was sales agent at that time—he obtained Mrs. Sackett's order while he was in my employ, and £5 5s. commission was due to him—he was also entitled to some commission on Dale's order—he is not entitled to any commission on Evans & Son's order—he did not introduce the customer; I did—he went to them after I did, when he was instructed not to do so—he is entitled to £6 16s. only for commission—I know nothing about a customer named Shickle; that matter did not come within my department—I sold a cash register to Dally, a customer, and he paid something on account—I did not forget to credit him with the amount, nor have I ever said that I did—I do not know anything about Sackett beyond that the sale was made and I credited the prisoner with the commission—I do not know how much the Company owes him.

Re-examined. I was appointed a district instructor on December 1st—my duties are to instruct the men in the field in selling registers outside, and helping them generally.

SARAH SACKETT. I live at 74, Seven Sisters Road, Holloway—I entered into this contract (Produced) with the National Cash Register Company on October 27th to hire a cash register—I was to pay five guineas down and three guineas a month in advance—the following are the sums I paid the prisoner: November 5th, £1; November 17th, £4; November 20th, £5; November 30th, £5, for which I have receipts from him in his own writing (Produced)—on November 30th I also have a receipt for £4, which he paid himself because I wanted the machine for £36—the original price of the machine was £42—the next time he came I told him that I had heard I could get the machine for £36—he said he would pay £4 out of his own pocket, and gave me a receipt for it—I said I could not pay ready cash, as I had not got it in the house—he told me not to distress myself, so I paid these various sums on account of the £36—on February 6th I paid another £4 to him, for which I have a receipt (Produced)—I gave him £2, for which he promised to get my son a berth in the National Cash Register Company, for which I hold an unstamped receipt—he had not a stamp, and seemed too ill to get one, so I took the receipt unstamped—he did not obtain my son a berth, as he had promised.

Cross-examined. I paid the prisoner in all £30 5s.—I had these receipts from the Company (Produced), which he told me to take no notice of—I understood I was buying the machine from him.

Re-examined. I have only received receipts from the Company for £5 5s. and two sums of £3 3s.

[Lengthy evidence from JOHN ALLAN' DALE, landlord of the Mother Shipton, Prince of Wales Road; and WILLIAM HENRY HAMMKTT, landlord of the Salmon and Compasses, Penton Street, Pentonville; regarding their purchases of cash registers, not transcribed here.]

[Lengthy evidence from COLIN JAMES WATT, cashier of the National Cash Register Company, Limited, including the following:] —I have examined the books with regard to Mrs. Sackett's account, and find that she had agreed to pay five guineas down and three guineas a month—according to this account, which is a copy of the Company's books, she paid £5 5s. on October 29th, £3 3s. on December 1st. and £3 3s. on January 11th, which sums the prisoner handed to us—if she paid the prisoner £19 in cash besides the £5 5s.—the prisoner must account to us for the difference between £6 6s. and £19, which is £12 14s.—there is no note of our having received that £19—

[Evidence from several employees of the National Cash Register Company Limited, including the managing director, not transcribed here.]

[Evidence from the arresting police officer not transcribed here.]

GUILTY. Three months' hard labour.