11th April 1833
Reference Numbert18330411-162

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832. WILLIAM GUEST was indicted for feloniously receiving, on the 5th of July , 1 pocket-book, value 2s.; 1 pencil-case, value 5s.; one 100l., two 20l., one 10l., and one 5l. Bank-notes, the property of Thomas Knox Holmes , well knowing the same to have been stolen by one John Smith ; against the Statute , &c.

SECOND COUNT, for feloniously receiving, on the same day, 1 pencil-case, the goods of Thomas Knox Holmes , well knowing the same to have been stolen. - (See Second Session, page 164.)

MR. ADOLPHUS conducted the prosecution.

JOHN KENNEDY . I am a lance corporal in the East India company's service - I went into their service directly

after I came back from Portsmouth, where I went after I gave evidence in this Court; I had been convicted of another offence, and got my pardon. On the 5th of July last I was at the Bank public-house, about ten o'clock in the morning; I saw Grimbley and Smith there, and agreed with them to go out and pick pockets - we picked Mr. Holmes's pocket near Berkeley-square; Smith took from him a red morocco pocket-book - I saw in about five minutes what it contained, there was one 100l. note, four 5l. notes, one 20l. note, and a silver pencil-case; we took a coach in Davis-street, and went to the Bank public-house: the pocket-book was destroyed, and we went with the notes to the prisoner's house, in Eagle-street, Holborn - Grimbley did not go; I saw the prisoner, told him I had some notes, and gave them into his hand - I told him we had got them from a gentleman in Berkeley-square; I proposed to sell them to him - he told us to come along with him; he did not say where, and we went with him, but before we went I saw Watts come to the prisoner's door; he was asked what he wanted, and went away; I then went out with Smith and the prisoner - we took a cab in Holborn, and drove over Waterloo-bridge; as we were going along I told the prisoner I had no money, but I would sell him the pencil-case, which I took out of my pocket, and he gave me 2s. for it, which I paid for the cab - we went to the Belvidere-road, where the prisoner's father lived, knocked at the side door, and his father let us in; the prisoner produced the notes, and told his father they were to sell - I think they had remained in his possession from the time I had first shown them to him; his father asked what we wanted for them - I said 100l.; he said he would not give that, but told us to stop a bit, which we did - he put the notes into his waistcoat pocket, and went out; he then returned, called us up stairs, and said he would give 90l. for them, which was agreed to - he went to a large chest, and took out a bag of sovereigns and some notes; he then came down into the parlour, counted out thirty sovereigns, and gave us three 20l. notes - I said the notes were no good to us, as we wanted it all in gold; he said he had lately taken all his gold to the Bank, and got notes for it - the prisoner then said he had ten sovereigns in his pocket - he would give us that, and go with us and get the notes changed at the Bank - the prisoner got a pen and ink, and wrote his name and address on the top of the notes which his father gave us; we then took a coach, went to the Bank, and got gold for the notes - the prisoner took ten sovereigns, and gave us the other fifty.

Cross-examined by MR. LEE. Q. This was not the first time you had been out? A. No - I was taken for a robbery in St. Martin's-lane; I was taken up for receiving some knives - I was looking at them, and was taken; I was not taken for stealing a purse - a person named Stevens stole it, and I had the duplicate of it on me; I was taken for a pocket handkerchief about three months afterwards; I did not say at the last trial, that it was between five and six weeks after; I was sent on board the hulks before the last trial, but I was not pardoned on condition of giving evidence against Guest; Mr. Thomas and Mr. Higgins called on me, but no promise or inducement was held out to me - I voluatarily told them all about it.

COURT. Q. Did not Higgins tell you, that he dare to say, Mr. Stafford would get you a pardon? A. No Sir, I do not remember it, not till after I made my statement.

MR. LEE. Q. Do you mean to say, that at the time you got into the cab, nothing had been said about where you were going? A. No, Sir, no further than over the water.

Q. Did you not swear last time, that before you got into the cab, you were told by the prisoner to come along with him, and he would take you to his father, who would sell the notes? A. I do not remember it: he told us he was going over the water; I do not remember more than that; I do not recollect his saying he would take us to his father's, and sell the notes.

Q. Did you not say at the last trial, that you asked 120l. for the notes? A. I might have said so, my recollection is bad in that; I have not talked over this subject since last Session - I had sailed before this trial; I had known the prisoner before that time; I always understood he lived in that house, and occupied the shop and parlour; I told him how I got the notes; I made the contract with Guest's father; I put the pocket-book into the fire at Mr. Page's - Grimbley and Smith were present; I gave the notes to the prisoner - I cannot say whether they were returned or not - they might be returned to me, but they were not to Smith; the prisoner's father might have asked him if he had any money which he could lend him when he pulled out the ten sovereigns; the prisoner was present all the time we were there.

THOMAS KNOX HOLMES. I live at No. 10, Grafton-street, Bond-street. On the 5th of July, I went out with a pocket-book, containing 100l. Bank note, two 20l. notes, a 10l. note, and some others, and a pencil-case, which I could swear to - they were stolen from me - I have seen the pencil-case.

Cross-examined. Q.Was there any mark on any of the notes? A. Yes, on 125l. of them, which I had received for a cheque, but I had other notes in my book; this is the pencil-case which was in the book, and was taken from me that day - it had been repaired a few days before; there was a seal on, it which had my crest - the head had become unsoldered, and I took it to be mended.

JOSEPH HENRY LLOYD. I am a silversmith, and live in the Strand. I repaired this pencil-case for the prosecutor.

GEORGE DYER. I am a clerk in the Bank. I have the three notes for 20l., which were brought on the 5th of July, by some person who had sovereigns for them; the name of W. Guest, No. 42, Eagle-street, is on each of them.

JOHN KENNEDY. These are the notes on which the prisoner wrote his name.

Cross-examined. Q. Had you seen him write before? A. Yes, in his own place; I was very often there - I do not know whether I stated so at the last trial; I can swear I was present when he wrote these words on these notes, at the table at his father's.

JOSEPH HIGGINS (Police-constable F 35). I believe this writing to be the prisoner's - I have seen him write; I

saw him once making out a bill respecting a watch at the Bank public-house - it might be six months before this transaction, and I saw him write once at the Black Horse, and I have a letter in my pocket which came from him, I believe, but it was anonymous; I should take these notes to be nearly new - I saw Adamson find this pencil-case on the prisoner's father.

Cross-examined. Q.Then you saw the prisoner write on two occasions? A. Yes; I had no particular reason for taking notice of his writing, but it is curious to see thieves write - I stated here at the last trial, that I had charged a respectable person as being a suspicious character, and apologised to him.

COURT. Q. What quantity of writing did you see of the prisoner's? A. It was respecting a watch; it appeared as if he was making a bill - that was at the Bank; I do not recollect what he was writing about at the Black Horse - he did not write his name on either of these occasions; this W is what I can speak to.

Prisoner. I am entirely innocent.

GUILTY . Aged 24. - Transported for Fourteen Years .

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