28th February 1842
Reference Numbert18420228-1018
VerdictsGuilty > lesser offence; Guilty > lesser offence; Not Guilty > unknown

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1018. SAMUEL HASLAM was again indicted, with JAMES FERNLEY , and WILLIAM HENRY FERNLEY , for burglariously breaking and entering the dwelling-house of Joseph Rawlings, about the hour of four in the night of the 4th of December, at St. George, with intent to steal and stealing therein, 1 hat, value 3s.; 1 pair of boots, value 5s.; 2 rings, value 12s.; 2 candlesticks, value 1s. 6d.; 2 cups, value 2s.; 2 saucers, value 1s.; 4 jars, value 2s.; 20 thimbles, value 1l.; 4 pencil-cases, value 1l.; 1 brooch, value 5s.; 1 cloak, value 1l.; 2 coats, value 2l.; 1 waistcoat, value 10s.; 1 miniature-case, value 1s.; 1 table-cloth, value 3s.; and 19 spoons, value 2l. 16s.; his goods: and GEORGE FERNLEY and ELIZABETH ANN FERNLEY , for feloniously receiving the same, knowing them to be stolen: and ABIGAIL DE SOIZA , for feloniously receiving 1 table-cloth, part of the said goods, knowing it to be stolen.

MR. DOANE conducted the Prosecution.

MARY RAWLINS . I live with my father, Joseph Rawlins, at No. 19, Collet-place, Commercial-road, in the parish of St. George—he is a cloth factor. On the night of the 4th of December I went to bed at eleven o'clock—I cannot recollect who was last up—the house was quite safe then—the back-parlour window was safe, and fastened, and the panes of glass were all correct—I came down at half-past seven o'clock in the morning, and found a pane of glass taken out—the window was not open then—it was fastened—a person might have got in by means of a ladder, which was about the house—it was a large pane of glass—a person as large as any of the prisoners could get through, for my brother tried, and he put his shoulders through the open space—I missed the articles stated in the indictment from different parts of the house—I keep a school—the thimbles belong to the children.

ANN AUSTIN . I live in Lamb-row, Three Colt-lane, Bethnal-green. I know Elizabeth Fernley—I remember her coming to me about the beginning of December, with the prisoner Haslam—Elizabeth Fernley said, "We want a three-roomed house"—I had none to let, but Mr. Bache, my landlord, had—I said he would be by presently, and I would ask if he had a house to let—they stopped, and saw Bache in my presence—they took a house in Lamb's-gardens—I went and saw them in possession of the house afterwards—I saw James Fernley and De Soiza there the very same evening as they went—I cannot say whether I saw any of the others there.

RICHARD BACHE . I live at No. 14, Wilmot-square, Bethnal-green. I let a cottage, on the 6th of December, to Haslam and Elizabeth Fernley—I did not see them myself, but I let it through Mrs. Austin—I afterwards went to the cottage, and saw them there—on the 20th of December I went, and saw, I

believe, Elizabeth Fernley and Haslam there—they were passing by the name of Bennett, as man and wife—I saw De Soiza there, either on the 20th 27th—I called weekly for my rent—I have seen them all three there more than once—I have not seen any of the other prisoners there—I have received the rent from Elizabeth Fernley, and also from Haslam—De Soiza has answered me, saying he was not within.

Cross-examined by MR. PAYNE. Q. She has opened the door as a servant would, and said they were not within? A. Exactly so.

WILLIAM WAGG . I am shopman to Mr. Dexter, a pawnbroker in Union-street, Spitalfields. I produce a pencil-case, two thimbles, and one ring, pawned on the 9th of December, in the name of Elizabeth Fernley—I cannot be positive, but I believe the prisoner, Elizabeth Fernley, was the person—she gave her address, "No. 11, Tyson-street."

Elizabeth Fernley. I have been in the habit of pawning things at his shop when I lived in Tyton-street which is the reason I gave that address. Witness. I believe that is the direction she used to give—I do not knot that she ever lived there.

WILLIAM THOMAS TAYLOR . I assist my father, a pawnbroker, in Beltnal-green-road. I produce a brooch and gold ring, pawned on the 15th of December, in the name of "Ann Bennett, Three Colt-lane" by the prisoner, Elizabeth Fernley.

Elizabeth Fernley. I did pawn them; I gave the name of Bennett in all cases, and gave the same address, the other address being a very long one. As to the name, "Ann Bennett," the pawnbrokers do not ask your christian-name; it is the greatest chance in the world. Witness. I put the name that was given me.

EDWARD RUBERRY . I am a pawnbroker, and live in Bethnal-green-road, I produce two china ornaments, pawned on the 18th of January, in the name of "Mary Bennett, Three Colt-lane," by the prisoner, Elizabeth Ann Fernley—my shop is about six minutes' walk from the prosecutor's.

WILLIAM ROLAND DANIEL . I am shopman to Mr. Hawes, a pawnbroker, in Whitechapel-road. I produce a ring, pawned on the 5th of January, in the name of "Ann Bennett, No. 14, Three Colt-lane," I before it was by the prisoner, Elizabeth Ann Fernley.

JOSEPH FREDERICK DUVAL . I am shopman to Mr. Ashford, a pawnbroker, in Bethnal-green-road. I produce a pair of boots, pawned on tie 18th of December, in the name of "Ann Bennett, No. 6, Three Colt-lane," by the prisoner Elizabeth Fernley.

Elizabeth Fernley. He never asked the christian-name. Witness. I put down the name given me.

JOSIAH BENJAMIN AVILA . I assist my mother, a pawnbroker, in the Mile-end-road. I produce a table-cloth, pawned on the 29th of January, in the name of "Ann Phillips, No. 3, Lamb's-gardens"—I before the prisoner, De Soiza, to be the person.

Cross-examined by MR. PAYNE. Q. You are not quite certain of her? A. Not quite.

ROBERT GEE (police-constable K 179.) On the 3rd of February, the prisoner, Elizabeth Fernley, was in custody—in consequence of which, went to a house in Lamb's-gardens, Bethnal-green—there was no number on the door—I there found the prisoners, James Fernley, William Henry Fernley, and De Soiza—while I was there George Fernley came in—there are two rooms in the cottage, and a little back-kitchen without a fire-place

—they are all on the ground-floor—I searched the house, and found two china candlesticks, two small cups and saucers, four china jars, two stands, and a miniature-case—on the 8th I again went to the house, and found Haslam, going by the name of "Bennett"—he was lying on the bed—it was between one and two o'clock in the day—I said, "Halloo, what do you do here?"—he said, "My name is Bennett; I know you want me; I saw my name in the paper"—he was in the first room as I entered from outside—he was taken to the station.

Haslam. Q. Did not I say any thing else besides "My name is Bennett?" A. Yes, that you knew I wanted you.

James Fernley. You have said you found me at the cottage—when I first saw you with your fellow-policeman; I was standing, leaning over the gate; you came up to us, and said, "Is this Fernley's cottage?" Witness. I saw him leaning over the gate—I might have said "Is this Fernley's cottage?" but they were all in the garden together—I did not speak to him—William Henry Fernley and De Soiza were also in the garden, and William Henry Fernley said, "No, my father does not live here."

James Fernley. I say the others were in the cottage at the time the policeman asked me "Is this Fernley's cottage?"—I said, "The name of Fernley is here, what is the matter?" Witness. He said, "My name is Fernley, what is the matter?"—I asked if it was Fernley's cottage—it was very dark at the time—I said, "Why did you send me next door?" as a person bad spoken to us at the gate when we asked for Fernley.

Jones Fernley. I immediately said, "I have but this momental most come to the gate, it cannot be me." Witness. Yes, he did say so.

James Fernley. I had not been there five minutes, and my reason for going was, I understood my sister had been gone some time and was waiting tea for me.

WILLIAM NICOL (police-constable K 177.) I remember Haslam being brought to the station by Gee on the 8th of February—he had a hat on, I took it off and asked him were he bought it—he said, "I bought it in Petticoat-lane, I don't know the shop, but it was a Jew's"—on the 6th of December I had received from the prosecutor a hat and a pair of boots—I asked Haslam to put those boots and hat on—he did so, and they fitted him.

Haslam. I said I bought it in Petticoat-lane—I did not mention any stop. Witness. I swear he did—he said he did not know the shop, but it was a Jew's.

FRANCIS GOWRAN . I am a policeman. I went with Gee to the house in Lamb's-gardens, when he took the Fernleys in custody—I saw De Soiza there—I said in her hearing that we had come there to make a search in consequence of Elizabeth Fernley being in custody for robbery—I said so to her and to James and William Fernley—I said so to all of them—the Prisoner, James Fernley, appeared confused—De Soiza said she was innocent, she was only a lodger and knew nothing about it.

James Fernley. You asked at the gate where I lived, and I gave you my card of my trade out of my pocket—you said you should not feel justified in detaining me unless I went into the cottage—I said I would not go in, as I did not wish to be detained, but although I was not guilty of anything wrong, I should like to see my sisters righted and would not run away. Witness. You made some such remark, but I prevented your

going away or you would have gone—you gave my brother constable a card.

JOSEPH RAWLINS . I am the prosecutor—I went to bed about a quarter to twelve that night, and locked the doors—my daughter was the first per. son up—we have no servant in the house at night—I should think it would take a person an hour and a half or two hours to remove the things I know these articles produced to he mine—I found a pair of boots and a hat on the premises after the robbery, which did not belong to me—I gave them to the policeman—the hat produced by the officer as found on Haslam is mine, and these boots, said to be pawned by Elizabeth Fernley, are mine—I had them in wear at the time of the robbery—here is some cotton whish I got my daughter to put in the hat—I am positive it is mine—this table-cloth has got my name on it, and this ring I gave my wife thirty years ago—I know all the ornaments—here is a broken one left behind which will match those taken—the value of the property lost is nearly 30l.

MISS RAWLINS re-examined. I can swear to all the property produced—we lost it all that night.

Haslams Defence. I am entirely innocent of the burglary—it is true the things were found in the house, but I know nothing of the burglary.


E. A. FERNLEY— GUILTY . Aged 23.


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