The Proceedings of the Old Bailey

 

Before Mr. Justice Gaselee

1345.   WILLIAM WATERS ,   THOMAS GARDNER ,   GEORGE DUFF , and    WILLIAM ANDREWS , were indicted for feloniously making an assault upon   Jane Lyons , spinster , in a certain field and open place, near the King's highway, on the 31st of August , at  St. John, at Hackney , putting her in fear, and taking from her person, and against her will, 1 bag, value 9d.; 1 scarf, value 5s.; 2 purses, value 3d.; 8 shillings, and 3 penny-pieces, her property .

Mr. CRESWELL conducted the prosecution.

JANE LYONS. I am single, and live at Watford. On the 31st of August, at half-past two o'clock in the day, I was going down  Hackney-marsh with   Frances Low , to milk the cows; I had a bag containing a scarf, a pocket-handkerchief, eight shillings, two penny-pieces, two halfpence, and two purses - we had to pass over Lea-bridge, when we got on the bridge; the prisoner Waters came on the bridge to me, and asked for a halfpennyworth of milk - I told him we had none; he threw up the bag which I had in my hand, and the halfpence rattled, as they were loose - he went down to the other prisoners - there were six of them altogether; we went straight on down the Marsh - Waters and Andrews came up and pushed me down, and held me down till they got my bag from me - I struggled a great deal to hinder them, and was very frightened; the tuck was torn out of my frock when I got up; I then looked to see where they were gone, and the four prisoners were looking into my bag - I called for assistance directly, and they all ran together up the side of the river Lea, towards a public house; they were pursued and taking at Bow.

Cross-examined by MR. PHILLIPS. Q. Did they appear

to have been bathing? A. No; some boys were in the river, but not the prisoners - none of the six were in the river; some boys were bathing very near the spot where it happened - there were four bathing; I will not swear that neither of the six had his coat off.

FRANCES LOW. I live just below Hackney-terrace - my father is a cow-keeper, and had cows on the Marsh. On the 31st of August, I was going down the Marsh with Lyons - we went over the Wick-bridge, and met Waters, who asked for a half-penny worth of milk - we told him twice we had got none, and he threw up Lyons' bag, which was in her hand, and the halfpence jinked; he went away to the others - there were six of them; in about five minutes, when we had got a little way from the bridge, Waters and Andrews pushed her down, and took the bag from her by force - she resisted; the other two prisoners were coming towards them when they pushed her down, and met them, and all ran away together down the river side; I saw them do nothing with the bag; I raised an alarm, got on the river side, and my brother ran to the White Lion, public-house, and gave an alarm; he was not with us, but by the next bridge; I did not see them taken.

Cross-examined. Q. On which side of the river did this happen? A. The left hand, going to Homerton-bridge - I was close to the river - I saw no boys bathing - I saw none but these six; I do not think there could be any bathing; I saw none of their coats off; I was much frightened.

JANE LYONS re-examined. The boys in the river were by the side of the bridge; the prisoners were down by the side of the water with them; Low must have seen the boys in the water, for she said to me, "There used always to be boys on the river when I came this way." I saw some, and said, "Don't look this way."

Q. Then she did not look? A. Oh, yes, she did.

  RICHARD DUST . I live in James-street, Globe-fields, and am 13 years old. On the 31st of August, I was going along the Marsh, walking towards Bow - I was not far from the Wick-bridge, and met six chaps running; Waters and Andrews were two of them; I saw Waters throw a purse into the water, and Andrews threw the reticule into the river - I got them out; I am sure they are the men - I knew Waters before by seeing him often at the corner of Slaughter-street, Brick-lane, where I used to work; I had never seen Andrews before; I saw Lyons crying, and asked if they were her things; she said Yes - I went with her; I gave the bag and purse to Hudson the officer, that night.

Cross-examined. Q. Were there not a good many boys bathing? A. I saw one person in the river, and one outside; one of the prisoners had his coat off.

  JOSEPH FOSH . I am a carman, and live in Well-street, Hackney. On the 31st of August, a young woman in the Marshes, gave an alarm - I stood and saw the prisoners leave her - they came by me; I pursued; Duff and Andrews ran up a yard at Bow, and into a privy, where I took them, and gave them in charge - this was a mile from the Marshes; while I pursued they turned round and pelted me with stones; I never lost sight of them; Gardner ran into the yard with the other two, and he was brought to me - I am certain of them all; I never lost sight of Waters till Lee took him.

Cross-examined. Q. Did you see any boys bathing? A. No; but there might be; there is an officer to prevent it.

  WILLIAM LEE . I am a carman, and live in Wick-street, Hackney. On the 31st of August I heard an alarm, went in pursuit, and took Waters at Old Ford, about a quarter of a mile from this bridge; brought him back to the Wick, and took him to Bow, where I found other three in custody - I never lost sight of him.

Cross-examined. Q. Do you know Homerton-bridge? A. Yes; there is no house near it; the White Lion is about four hundred yards from it; there used to be many boys bathing there, but it has been stopped a good deal lately.

COURT. Q. Where did you firt see Waters? A. The alarm was first given at the White Lion, Hackney-wick; I got into my cart, and rode after them, in the way I was directed, and saw six together, and Fosh pursuing them.

  CHARLES NEWMAN . I am constable of Bow. I assisted in taking the three prisoners, who had run into the yard, which is no thoroughfare; two of them went into the privy; I saw a man in the privy; he had them in custody - I was within a yard of the privy, and saw him take this shawl out of the privy - it was down inside the privy; he gave it to me. I knew the man before - he works in that yard, and is a miller.

Cross-examined. Q. Is that man here? A. No; each of the prisoners had money in their pockets; I searched them in the yard; one had half-a-crown, another three shillings, and some halfpence; I forget what the other had. We had shut the yard gates, and could detain them without holding them; I had a headborough with me. I saw the man take it out of the privy.

  ROBERT LEE . I am patrol of Hackney. I heard an alarm, and pursued part of the way. I took a man named Ambrose, who was discharged at Lambeth-street, Dust not being there to identify him. The spot where this happened is in Middlesex.

JANE LYONS. This shawl is mine, and was in my bag. The purse and bag are mine.

WATERS' Defence. Until the present time I was never guilty of a dishonest transaction. I hope your Lordship will take my case into your serious consideration.

One witness gave Waters an excellent character, and four deposed the same for Andrews.

COURT to JANE LYONS. Q. When Andrews and Waters pushed you down how far were the others off? A. Close by. I was on the bridge, but they were not; both pushed me, and I fell, and both endeavoured to get my bag.

WATERS - GUILTY - DEATH . Aged 17.

ANDREWS - GUILTY - DEATH . Aged 17.

Strongly recommended to Mercy, on account of their characters, and believing it to be their first offence.

GARDNER - NOT GUILTY .

DUFF - NOT GUILTY .