425. JAMES GODFREY was indicted for stealing, on the 24th of December , 1 bag, value 1d., and 24 sovereigns, the property of James John Fearon , from his person .
JAMES JOHN FEARON . On the 24th of December I went to my sisters's, the White Swan, in Swan-lane, between five and six o'clock; I then had twenty-five sovereigns - I gave two half-sovereigns for a sovereign in that house; they were in a leather bag, in my right-hand trousers pocket - the prisoner lodged at my sister's, and he went with me from there to Leadenhall-market, to purchase a goose; I paid 7s. for it - I changed one sovereign, and put the change into my waistcoat pocket: I then had twenty-four sovereigns in my purse; Dupin was with me in the market - I then went to my own house, the White Hart, in Tower-street ; I went in, and served my customers - I am a licensed victualler : the prisoner and Dupin went with me - we got there about half-past seven o'clock; the prisoner began hugging me round the waist in my tap-room, which joins the bar, and then they wanted me to go to bed - I said I did not want to go to bed, though I was tired; he wanted me to believe I was drunk but I was not; he got me into the passage two or three times, and with the assistance of some other persons, he got me on the stairs - I felt his hand in my pocket; I said,"You have got your hand in my pocket," but I did not then know that he had taken my purse; when I got up to my bed-room I missed the purse and the sovereigns; I said Godfrey had got them - I went down, and met my wife coming up stairs; she said, "If he has got them, he is gone;" he went out with his hand in his right-hand pocket- he came in again in the space of ten minutes; I said,"Godfrey. you have got my money" - he said, "You would be the last person I would do such a thing to;" I had him searched by an officer, and was informed he had only two halfpence about him - Dupin is my wife's sister's husband - the bag was found in the room with seven sovereigns in it, after the prisoner had returned and been searched.
Cross-examined by MR. PHILLIPS. Q. You went to get a goose? A. Yes, at Leadenhall-market; I was sober and collected as I am now - I consider that I was sober: I had had a glass or two to drink - Mr. Montague bought the goose for me; I did not give him the money to buy it- he brought it in, and I paid him for it; he is the landlord of the Poulterers' Arms - I told him I had come for a goose, and he went out and bought it; I had a drop of bitters, and each one round who thought proper to take some were welcome - he could not refuse to serve me with spirits, because I did not ask him; he did not refuse to serve me - it being Christmas time I had a buttock of beef to give to my customers; I had not opportunities to cook it at home, so I took it to my sister's that day - I dined at the Swan, and had a drop of porter; I did not stop after four o'clock the first time - I was not drinking there all day; I was sober when I left, and I consider I was sober at ten o'clock at night - I went to the Swan after Godfrey had been searched, but that was after ten; I consider I was sober then - I had never bought a goose, and thought Mr. Montague was a better judge than I was; I was so confused about the money that I do not recollect whether I drank at the Swan after ten o'clock - if I was drunk then I am now; I went to acquaint my sister with it - to make short of it, I did not take any thing into my lips; I was not drinking with Ray, the officer, at the Swan - the prisoner was there, but I did not drink with him.
Q. Do you remember going to the Poulterers' Arms on the 29th of December, and seeing Lewis, the waterman, there? A. I was there once since: it might be on that day - I saw two persons there, but I did not know their names; they came in while I was there - I did not say, in their presence that I had hoped that some of Godfrey's friends would give me 5l. to settle the business.
Q. Do you mean you said there that you felt the prisoner's hand in your pocket? A. I mean to swear that it was so; I said so at the watch-house, and before the Lord Mayor - to cut the matter short, I did say it.
COURT. Q. Do you mean to swear that you recollect saying so at the watch-house? A. I have not a correct recollection, but I have not the least doubt that it was so.
MR. PHILLIPS. Q. Did you say at the watch-house that you felt his hand in your pocket? A. I do not exactly recollect; I might not have been asked the question.
COURT. Q. Did you say so before the Lord Mayor? A. Yes, I did say so; my deposition was read over to me, and I am pretty sure I signed it - the question was asked, "Do you recollect Godfrey's hand being in your pocket?" and I said Yes - I should not have let Godfrey go, but he got out before I could get down stairs.
JURY. Q. How did you know that it was his hand from your brother-in-law's? A. He had hold of my right arm, - he let my arm go, and put his hand into my pocket; a
young man named Atterton had hold of my left arm - my brother-in-law was not in the room.COURT. Q. Then what did you mean by stating before the Lord Mayor that the prisoner and your brother-in-law were taking you up stairs? A. Because I told them I would not go to bed; when I felt his hand in my pocket I said, "Godfrey has got his hand in my pocket."
MR. PHILLIPS. Q. Did you say any thing to this effect, that you would not have kicked a 5l. note out of doors if any of the prisoner's friends had sent it to settle the business? A. I have no recollection of any such a word; Mr. Montague told me at the bar, "You were drunk that night when you came to buy the goose," and I said, "Then I am drunk now;" I had a glass or two that night after I met Mr. Montague - I suppose I had four or five glasses; I do not know the two Lewis' by name - some men wanted to kick up a quarrel with me (looking at two persons); yes, these are the men - I did not say before them that I would not have kicked a 5l. note out of doors if any of the prisoner's friends had sent it to settle the prosecution; I do not recollect any thing of the kind.
COURT. Q. Have you ever had a proposal made to you, or have you ever made a proposal to any one else that this matter should be settled for 5l.? A. I have not; the Lord Mayor said if the money was not made up he would commit him for trial.
JOHN THOMPSON . I am an officer. I was sent for to the White Hart on the evening of the 24th of December, on the subject of this charge; I found the prisoner standing before the fire in the tap-room - I searched him, and found only two halfpence on him; I rather think he was the worse for liquor - the prosecutor appeared to have been drinking a little, but he was not to say drunk at the time; about twelve o'clock the same night I went to the White Swan, where the prisoner lodges - he was in bed; I awoke him, and asked what money he had - he said four or five shillings, which he had received from his master; I do not think he was more drunk then than when I saw him at the White Hart; I desired him to put on his clothes, but I had before examined his pockets, in the presence of the landlord, and found 4s. 6d. in silver, 4d. in halfpence, and two sovereigns - I asked where he got the sovereigns; he said he could not tell, he had no knowledge at all of them, nor how they came there - I took him to the watch-house; he remained there an hour and a half or two hours - I asked him again if he knew or recollected any thing about the sovereigns; he said No, somebody must have put them there for a lark.
Cross-examined. Q. Is it true that the Lord Mayor told the prisoner if the money was not made up he would commit him? A. He said, "If it is not made up by Thursday, I will commit you for trial;" the prisoner did not appear drunk when I awoke him - I do not consider he was drunk; the prosecutor, said in his presence, that he had his hand in his pocket, and he said so before the Lord Mayor - I think I heard his deposition read over, but I do not remember whether I did or not; I will not swear whether Mr. Hobler called me, and read the deposition to me or not - Mr. Hinsley was at the Mansion-house, and was examined the first day,
WILLIAM HINSLEY . I saw the prisoner in Gracechurch-street, on the 24th of December, at half-past ten o'clock at night - he was at the Grasshopper tea-warehouse; he purchased something there - I cannot tell what, but he laid a sovereign on the counter; he had a goose and a leg of mutton with him - I do not know where he bought them.
Cross-examined. Q. What became of the goose and mutton? A. I do not know; I am a carpenter; I saw him put the sovereign on the counter; I do not know what he had for it - a man gave him the change; I did not hear him say any thing - I stood at the door; the way I first came to mention this was, I met William Jenkins on Sunday; he said he was going to dine with his father, and I asked him if he had seen Godfrey - he said No; I said I had seen him at the Grasshopper with a goose and a leg of mutton, that he had some things, and put down a sovereign; Jenkins is not here that I know of; I do not know how the prosecutor came to know any thing about me; I told nobody but William Jenkins - I only spoke to him as I was passing - he is no particular acquaintance of mine.
COURT. Q. Where did you speak to Jenkins? A. In Upper Thames-street; I had not seen him near the Grasshopper, but I told him what I had seen; I did not hear that the prisoner was apprehended till Monday; I had no particular reason for asking Jenkins on Sunday if he had seen Godfrey.
JURY. Q. Were you acquainted with Godfrey? A. A little, and I knew a little of Jenkins; the question arose from my knowing both parties.
JOHN ATTERTON . I was at the White Hart, public-house, on the evening of the 24th of December; the prosecutor was assisted up stairs between seven and eight o'clock, by me and the prisoner; his wife said, if he did not go up stairs to bed, she would; I laid hold of his left arm, and the prisoner had hold of his right; he was rather restless, and would not go up; he got on the landing, and Godfrey got him round the waist; he was on him from five to ten minutes - he would not go to bed; he wanted the prisoner not to pull him about, and just as he got on the landing, before he went into the room, he said, "Godfrey, you had your hand in my pocket," and when he got into the room her brother-in-law said,"Fearon, give me your bag;" Fearon then said,"Godfrey has got it;" he had not said and thing to Godfrey about it - Godfrey was then gone down stairs; I cannot say whether Fearon was the worse for liquor - his wife came up when she heard the call for the money, and said "Godfrey has gone out with his hand in his pocket, why the d - I don't you go after him," and some one went; Godfrey came in afterwards, and Fearon said,"Godfrey, you have got my money;" he said, "Fearon you are the last man I should think of robbing," and he took a bitter oath to it.
Cross-examined. Q. If he was sober, how dared you to push him into his bed-room? A. It was his wife's wish - he was sober enough to know what he was about - he could serve in his bar; I was not an acquaintance of his; I was on his left side, not the side the pocket was on, as he said - I am a groom to Mr. Piper; it was either in the room or on the landing that the prosecutor said Godfrey had his hand in his pocket - the room was searched when the prisoner went away.
JOHN DUPIN . I live in Cheeseman's-court, Bethnal
green, and am brother-in-law to Fearon. On the 24th of December; I was with him at his sister's; a person came with a sovereign, and asked for change; she said she could not give any more change, and he did; I was at the White Hart, but I did not see what happened; I heard a noise, and went up stairs: I saw Godfrey coming down stairs, and he went out; I saw him when he came back, and sat down in a chair; Fearon said to him,"Godfrey, you have got my money" - he denied it; Fearon said, "You have got it, and no one else, for I felt your hand in my pocket;" I cannot say that Fearon was exactly fresh - he had taken a glass in my company at his sister's: I believe his wife wanted him to go to bed, because he was fatigued.Cross-examined. Q. Was he not able to go up stairs to bed? A. Yes - I saw him go out of the room; I did not see the others go out - his wife was in the bar; I heard her desire him to go to bed - he did not go when she desired him: it might be ten minutes after, or a quarter of an hour - he did not refuse to go, and when he went, he went alone; I was with him at Mr. Montague's about six o'clock in the evening; Mr. Montague refused to take a glass of bitters with him, but did not refuse serving him at all.
SUSANNAH MARY FEARON . I am the prosecutor's wife. I requested him to go to bed, because he had been up a great many hours - I knew he wanted rest, being a weak ailing man; I recollect his going up stairs; Godfrey had him round the neck before he went up - I did not interfere at all - I did not come out of my bar till Godfrey came down with his hand in his right-hand pocket; I then went up to my husband, who said he had lost his bag with the money - I said Godfrey had gone out with his hand in his right-hand pocket.
Cross-examined. Q. Then it was not the noise up stairs that induced you to go up? A. No; Godfrey took him two or three times to go up - he came back; Godfrey and him went up together; I did not desire any body to go up with him; he was able to walk - he came into the bar, and served his customers; when I went up into the room I found my husband and Dupin there; I did not notice any stranger there - Atterton might be there.
COURT. Q. Was it after you desired your husband to go to bed that the prisoner got about him and hugged him? A. Yes; I did not go up till I saw the prisoner going out- I told Godfrey not to cuddle my husband; I said he did not want to be cuddled - I thought he was going to take the money; I knew my husband had money, but did not know what - he will not let me interfere with his money.
ELIZABETH PEARCE . I live at the White Hart. I know nothing more than Mrs. Fearon's finding the bag with seven sovereigns in it - I saw it in her hand; I did not see it picked up.
JOHN MANNING . I am a publican, and live in Swan-lane. I know nothing of the robbery, but was present when the prisoner was searched in his bed-room, between twelve and one o'clock - he said he could not account for any more than 5s., which his master gave him, and 1s. 6d. he had from his father; that he did not know how the money came in his clothes, somebody had been playing a lark.
Cross-examined. Q. What was found on him? A. Two sovereigns, 4s. 6d. in silver, and 4d. in copper - he lodged in my house, and was a regular steady boy, as far as I know - he was rather fresh, but knew what he was about; he was not tipsy, nor was he sober.
Prisoner's Defence. The money that was found in my pockets I know nothing at all about, no further than the few shillings which my master and my father gave me.
HENRY MONTAGUE . I keep the Poulterers' Arms, Leadenhall-market. I saw Fearon and these other young men on Christmas-eve; they came to my house about a quarter before seven o'clock, and went away about half-past seven - I bought a goose for Fearon: they had three glasses of bitters each; I had one, and would not have any more - they wanted more spirits, but I refused to serve them, for Fearon and the prisoner were tipsy; the other young man was not - I said, "Fearon, I will drink no more with you, and serve you no more, for you are tipsy, go home and go to bed; I consider you have had quite sufficient;" - he said he would take my advice, and he went out; it was my fair conscientious opinion that they were so tipsy, I ought not to serve them any more - I saw Fearon at my house one evening in the ensuing week; I think it was on Thursday - he said,"I wish I had nothing to do with this case, it is a pity but Godfrey's friends had settled it, for the Lord Mayor allowed it to be settled; and if they had sent a 5l. note, I would not have kicked it out of doors;" he said, "I am as drunk now as I was then" - I said "You are not, you was very tipsy then, but I don't think you are now;" it did not appear a tipsy observation, that he would not have kicked a 5l. note out of doors - and I made the reply, if the young man was innocent, it was a pity he should pay it, and if not, he deserved to be punished.
COURT. Q. Are you quite sure that you observed to them that they were tipsy? A. Yes, I am; I said it three or four times - Fearon knocked Godfrey's hat off, and put his arm through the crown of it - I suppose he was at my house a quarter of an hour or twenty minutes before I bought the goose; two persons of the name of Lewis, and a friend of his, and his wife, were present when he was talking about the 5l. note.
BENJAMIN LEWIS . I am a waterman and lighterman. On the 24th of December, about eleven o'clock in the forenoon, I saw the prisoner Fearon, an officer named Ray, and a woman, in the Old Swan, drinking; there were others in company with them - some of them went out to see a wager on the river, but Ray, the woman, and Fearon, staid behind; I did not see the prisoner then - I saw the prisoner and Fearon at the Poulterers' Arms in Leadenhall-market, with another man, about seven o'clock - Fearon was very drunk indeed; I was at the Poulterers' Arms on the following Thursday, between eight and nine o'clock -I saw the prosecutor there; my brother was present - I heard the prosecutor say he hoped some of Godfrey's friends would have settled this prosecution, for if they had, he would not have kicked a 5l. note out of doors.
HENRY LEWIS . I am brother of the last witness, I know the prisoner perfectly well, and I know Fearon slightly. On Christmas-eve I saw Fearon and the prisoner coming out of Leadenhall-market; they appeared to be rolling about, quite drunk, and some person had hold of their arms - I was at the Poulterers' Arms on the 29th; I
saw Fearon there - he said he was very sorry this had taken place; he did not expect it would have gone so far, and provided they had given him a 5l. note, he should not have kicked it out of doors, and it would have been settled.WILLIAM BARTLETT . I know the prosecutor by sight; I have seen him once or twice at the Swan - I saw him there on the 24th of December, between twelve and two o'clock; he was drinking - I saw him have three glasses of gin, and I had three with him; I left about two o'clock, and returned about five or six - I had a pint of porter, and saw Fearon at the bar very much intoxicated; the landlord gave me a glass of gin - no reason was assigned, but I suppose Fearon was so drunk he could not drink it himself; the landlord said to me, "Bill, will you drink it?" and I took it, and went out - Fearon was near to me, and could not keep himself up; he was rolling against the bar - the prisoner served his time at the same stairs I did; he has been a waterman nine years, and has been an honest industrious young man.
NOT GUILTY .