The Proceedings of the Old Bailey

 

832.   CHARLES OAKLEY was indicted for feloniously assaulting   Daniel Barry on the King's highway, on the 6th of October ; putting him in fear, and taking from his person and against his will, three dollars, value 15 s.; and a one pound bank note, his property .

  DANIEL BARRY . I am an upholsterer ; on the 16th of October as I was coming from Mile-End, about half past five, I met the prisoner, he asked me if I was at work, I told him I was.

Q. Had you known him before - A. Yes, six or eight weeks; I asked him if he was at work, he told me he was not, nor had not been at work all that week: he asked me if I would give him any thing to drink, I told him yes, and went into the Dundee Arms, I told him to have what he liked and I would pay for it; he made choice of a glass of rum, I told him I drank no spirits except it was mixed, and then he said he would have a glass of rum and water; we came out, I was wishing him a good evening, he said he would turn back with me and go no further that way he was going. We came up Whitechapel, he took me into a back place of a public house, and there we had a pint of beer, as we were coming out he called a man out that was in there.

Q. You were joined by another man, were you - A. Yes; and he said that poor man had not drank a drop of any thing that day, would I give him a pint of beer, accordingly we went into another public house, and I gave him a pint of beer, and then he would come to see me part of my way home. We walked from the side of Whitechapel where the butchers have their stalls, and coming to Somerset-street, I cut across to go down Petticoat-lane to go to Bunhill Row. I had three dollars in my pocket, I stopped to hinder them from making a noise, I stopped in the street, I took the three dollars out of my pocket and the pound note, and was rolling the dollars up in the one pound note, the prisoner came up and struck me on the side, in  Whitechapel , and took the note and three dollars out of my hand, he directly ran behind me and left me there, the other called out, Charles, have you brought his thimble? he said,

"whisk, come along;" they both ran away, I could hear what they said but I could not recover my breath to speak for a few minutes; when I recovered my self and got up, two or three people came and asked me whether I was in a fit, I told them I was struck and robbed of a one pound note and three dollars; I walked up Whitechapel, went into a public house, there wiped and cleaned myself and sat there an hour or an hour and a quarter till I was dry; I knew the public house where I had always seen the prisoner, I went to the Seven Stars, and there I said nothing about the robbery, but sat in a box, I heard the people say they wondered where   Charles Oakley got the dollars from and the one pound note, he had not the price of a pint of beer in his pocket at dinner time. In about half an hour after Oakley came in, and the moment I saw him I ran at him, and the moment he saw me he held the flaps of his coat and ran out of doors, and I after him crying stop thief, the watchman could not catch him; then I turned into the public house again, not thinking to see him any more; in about ten minutes he came back laughing, and said,

"now any body may take me to the watch-house, or may search me; I then laid hold of him and never quitted my hold until I was assisted by the watchman, we took him to the watch-house; the next day we went to Lambeth-street, two or three people from the Seven Stars attended before the magistrate, the publican, the maid, and one of the lodgers, they came forward to swear they saw the dollars and the note in his hand. The magistrate took her evidence. When sessions were coming on she run from her place, I spent four days in looking for her, I could not find her, her name is   Ann Jones . The prisoners father and mother came to my house and offered me money.

Mr. WALFORD. Q. You are an upholsterer - A. Yes; I work for Mr Duncan, and sometimes for Mr. May, and sometimes for myself.

Q. Where had you been that day - A. I had been in Rosemary-lane finishing my job, and received my money, and went to Mile End to see a friend. I was perfectly sober when I met him, I had nothing to drink before I met him, and then I had a glass of rum and water, at the second public house I had a pot of porter, and at the third a pint.

Q. Have you always given the same account of this transaction: you never said to any body that he took the money from you at the Seven Stars - A. They have told me so, but I never said it, if I did I never meaned it, I told them I did not say so, I never meant it, because that is the man that knocked me down in Whitechapel, I never did say it, nor meaned it, I said I got the prisoner at the Seven Stars. I slept in the watch-house all night, they would not let me go because I was no house-keeper. They offered me five pound last Saturday.

Q. Have you never offered to make a flaw in the indictment for three pound ten shillings - A. No, never, but they were learning me to do it. They offered me a five pound note but I would not take it.

Q. Did you ever hear such a thing as a forty pound reward for a robbery - A, No, nor do not want any thing of the kind, I do not expect it, I never conversed with the officer about it.

- SANDERS. I am a watchman; on the 16th of October I was on duty in Whitechapel, between nine and ten o'clock at night there was a call of

"stop thief," one man ran first, he got away, he was followed by two men, they went into the public house again; in about ten minutes, or a quarter of an hour after there was a cry of

"watch," I ran to give assistance; the prosecutor said,

"watchman take charge of this man, he has robbed me of a pound note and three dollars;" I took the prisoner to the watch-house. In the watch-house the prosecutor stated that he was robbed of his money between Somerset-street and Petticoat-lane, and when he was at the Seven Stars he heard the servant maid say, the prisoner came in and had three dollars and a pound note.

PARTRIDGE. I am watch-house keeper; between nine and ten o'clock the prisoner was brought in on charge of robbing a man, on searching him I found ten shillings, and two sixpences, and some copper.

  ANN JONES was called, and not appearing in court, her recognizance was ordered to be estreated.

The prisoner left his defence to his counsel.

  HENRY STANLEY . I am an ironmonger, 105, Newgate-street.

Mr. Walford. Q. Did you happen to be present at the time they were taking the prisoner to the watch-house - A. I was, I heard the prosecutor say the prisoner had robbed him in the Seven Stars public house tap-room, I heard him say that in the watch-house.

COURT. How came you to go to the watch-house - A. Curiosity led me there, I had known the prisoner three years.

Q. Did you attend before the magistrate the next day - A. No.

Q. How came you here - A. Me, sir.

A. Yes, you - A. I was suppoened by Mr. Steward the master of the prisoner.

Q. How came he to hear of it - A. I cannot tell.

Q. How came they to find it was a material question for here, whether the robbery was committed at the Seven Stars, or in Whitechapel. It was a robbery at all events - A. Yes.

Q. Then how came you to be a witness - A. I cannot tell.

  SOPHIA WHITE . My husband works at the London docks. Barry, the prosecutor offered to make it up for three pound ten.

COURT. Barry stand up, mind what this woman says.

Q. to Mrs. White. You say he offered to make it up for three pound ten, to whom was the three pound ten to be paid - A. To his mistress: this passed on Saturday the 3d of this month, and then he said he should not know him.

Q. Are you any relation of the prisoners - A. It is a child of my brother's, but not by marriage; I went to the prosecutor's house on yesterday week to know what the affair was.

Q. Did you say any thing about making it up - A. No.

Prosecutor. The mother came with her to the house, and the father staid outside. I never offered to make it up.

GUILTY - DEATH , aged 19.

Second Middlesex Jury before Mr. Recorder.