14th February 1833
Reference Numbert18330214-73
VerdictGuilty; Not Guilty

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497. JAMES BROOKS and CHARLES CARPENTER were indicted for stealing, on the 16th of

January , 4 sovereigns, 2 half-crowns, 10 shillings, and 1 sixpence, the monies of Thomas Barber , from the person of John Ponsonby .

JOHN PONSONBY . My uncle's name is Thomas Barber - he is a pensioner . On the 16th of January he and I had been drinking - we fell in with the prisoners near the Angel, at Ratcliff-cross; my uncle knew Brooks before; Carpenter was with him - my uncle asked Brooks to have half a pint of beer, and we went into the Queen's Head; my uncle was drunk, but I was not very tipsy - he asked me to take care of his money, and gave me five sovereigns; when we came out of the first public-house; before we went into the Queen's Head, I had changed one of them, and had then 4l. 16s. 6d. in my pocket; the prisoners sat on the opposite side of the table - it was between six and seven o'clock when we went there; I fell fast asleep, and the waiter awoke me about half-past ten or eleven - my uncle and the prisoners were then all gone; I had wrapped the money up in a piece of newspaper - I cannot say what pocket I put it into; I did not miss it till the next morning, when I got up - I had lost my hat, and another hat was left, which turned out to be Brooks', and Brooks had my hat.

Cross-examined by MR. DOANE. Q. Had you not been drinking in several houses? A. I had been drinking; I was not drunk - we had had some rum, and some half-and-half; I think we had been into three houses - my hat was returned next morning.

THOMAS BARBER . I had been drinking a good deal - I have known Brooks twenty-five or twenty-six years; he has been a hard-working man all his life. I gave my money to my nephew to take care of on the Wednesday evening, and on the following morning Brooks came to where I lodge, and brought this hat and a handkerchief which was in it - he said, "Is your money all right, for Carpenter is a bad character, and I have been uneasy about your money all night?"

Cross-examined. Q. Had he not come a considerable distance to bring back the hat? A. Yes, upwards of six miles - I had asked him to drink with me; I believe my nephew was not so drunk as I - he had drank as much as me.

RICHARD ANDREWS . I am pot-boy at the Queen's Head. I saw all these persons come in together - Ponsonby fell asleep - Brooks sat next to him, and Carpenter opposite, but at no great distance, perhaps half a yard - I do not know whether he saw what Brooks did, but if I had sat where he did I should have seen it - I saw Brooks searching Ponsonby's pocket - I was called away, and did not see whether he took any thing out.

Cross-examined. Q. I suppose you told your master? A. No, he was not at home, and my mistress was confined - I did not tell Ponsonby of it - I did not know but he might be his friend.

JOHN WARNKIN . I am a coal-whipper. I was at the house, and saw Ponsonby asleep - Carpenter sat opposite him; Brooks was close to Ponsonby - I saw him take a piece of printed paper out of his pocket and put it into his own; I cannot say whether there was any thing in it; Carpenter had gone out at the time for about ten minutes - Carpenter went away about eight o'clock, and Brooks between eight and nine; Carpenter had called for a pint of half-and-half, and had no money to pay for it.

Cross-examined. Q. Did you give any alarm? A. Yes; I told the men who were sitting there to look at it - one man who was there awoke Ponsonby, and told him he was being robbed; he said something, and laid down his head again directly - Brooks was standing by the fire at that time; I did not say it was white paper which he took from him.

DANIEL DERRIG (Police-constable K 280.) I apprehended Brooks - he told me, of his own accord, the address of Carpenter, and seemed very anxious that I should apprehend him; he said he had cautioned Carpenter several times not to meddle with the man's money.

Brooks' Defence. If I had had the money he should have had it back; I had no thought of doing any thing of the kind - I did not know I had his hat till I got home, and went to hang it up; in walking that distance home I got rather sober, and I could not rest till I went back with the hat and handkerchief.

BROOKS - GUILTY . Aged 46.

Confined One Year .


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