CORNELIUS M'CARTHY, Violent Theft > robbery, 5th July 1852.

Reference Number: t18520705-726
Offence: Violent Theft > robbery
Verdict: Not Guilty > unknown

726. CORNELIUS M'CARTHY was indicted for a robbery, with violence, upon Ho Yaou Tou, and stealing 1 watch, and 1 guard, value 3l.; his property.

MR. CAARTREN conducted the Prosecution.

HO YAOU TOU . (This witness being a Chinese, was examined through an interpreter, who explained that the form of examining a witness in China was not exactly on oath, but upon a declaration to the effect that he would speak the truth, the whole truth, and nothing but the truth; and if he said anything contrary to the truth, it would draw down an imprecation upon him: after using this form, the witness broke a saucer in pieces.) I am cook, on board the ship Allan. On a Tuesday in June, I was on shore near the London Docks, and two of my companions were walking in front of me—the prisoner came up to me, and, in Chinese, said, "My friend, have you got any money?"—I said, "I have a little, I have nothing for you, I have nothing to give yon, I do not know you, I want to go along, you go along"—he then took hold of me by the arm or hand, and then took hold of me by the breast—there was a general scuffle, and'he knocked me down and kicked me—he did not strike me down, but pushed me down—before I was down I had a watch—I had looked at it to see the time, and the prisoner seized it—I wanted to know the time that I might be able to return at the proper time to the ship—there was a chain to the watch, round my neck, and two keys to it, and in the pull the chain broke, and the prisoner got the watch and the chain also—he then struck me and ran away—a good many people collected—I called a policeman, and I afterwards saw the prisoner at or about the spot where the robbery took place.

Cross-examined by MR. PAYNE. Q. How long after the watch had been taken from you was it that you saw the man, and the policeman took him? A. About six minutes—it was about 8 o'clock when I lost the watch—he called me names first, and I replied—we both fell down—we were on the ground together—I did not say that the English were rogues—I did not say they never paid above 1s. for anything—the prisoner had been drinking—I do not know exactly that he was drunk—he was not on the ground, only me.

Q. What did you mean by saying a little while ago that you both fell down together? A. You must have misunderstood me—I did not call the

prisoner names; my friend did; I blamed and Molded him, and he seized hold of me, struck me, and knocked me down—I was sober, and had not taken anything.

FRANCIS KEYS . I live at 2, Sun Tavern Gap. On a Monday evening, in May, about 7 or 8 o'clock, I saw the Chinese by the Stone-fields, near High-street, Shadwell—there were two other Chinese with him—he was talking to an Irishman—that is the Irishman (pointing to the prisoner)—I was about a yard off—one of the other Chinese was about half a yard off him, and the other about a quarter—I did not understand anything that was said—I saw the Irishman knock the Chinese down with his fist—the Chinese had a watch in his pocket, fastened with a chain round his neck—I did not see him do anything with it—I saw the Irishman take it out of the prosecutor's pocket; he gave it a hard pull and broke the chain—the prosecutor was on the ground at the time—there was a mob collected; the prisoner ran back into the mob, and I believe gave the watch to a man there—the prisoner was not on the ground, but he stooped when he took the watch, and after he got up the prosecutor got up—I saw the prosecutor get a policeman, and afterwards saw the policeman take the prisoner, round by the Stone-field's, where this had happened—that was about ten minutes after he had taken the watch.

Cross-examined. How far off were you? A. A yard—the prosecutor was down, and the prisoner stooping—on my oath they were not both on the ground together—I did not see the prisoner give the watch to anybody, but I believe he did—I swear I saw the watch in the prisoner's hand; I think it was his left hand—they talked together before the prosecutor was down, and they had a tussle—the prisoner went into the crowd, and one of the men said, "Come along, come home;" and he said, "I won't, go home yourself;" and he would not go—my father keeps a shop, and works at slipper making—I go to the charity school at Shadwell—I am twelve years old—there were a good many people collected—I did not see a man come and pick up the prosecutor, and say what a shame it was to throw down a drunken man—I was alone—I have never been a witness before—I have never been before a Magistrate—I was never in any trouble.

WILLIAM MEEDY (policeman, 393 K). On Tuesday, 22nd June, about a quarter past 9 o'clock in the evening, I was on duty in Shadwell—I saw the prosecutor—he said, in broken English, "Man take my watch"—there was a mob in High-street, about thirty yards off—I went with him to the mob, and he pointed out the prisoner—I told the prisoner he was charged with stealing a watch—he said, "If I have got a watch you will find it on me"—I took him to the station, searched him, and found no watch.

Cross-examined. Q. Had you seen the prisoner before at all? A. No; I am not aware whether he is employed in the Docks, or whether he has been in the navy—I have made no inquiries about him—I believe he did not make any statement before the Magistrate—when I took him he said, "If I have got the watch it will be found on me"—I do not recollect that he said, "If I have taken the watch"—I swear he did not use the word "taken."

(The prisoner's brother deposed to his good character.)

NOT GUILTY .


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