7th April 1845
Reference Numbert18450407-848
VerdictsGuilty > unknown; Not Guilty > unknown

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848. JULIA JESSY PAYNE was indicted for feloniously breaking and entering the dwelling-house of Susanna Brown, on the 3rd of Feb., at St. Dunstan Stebonheath, alias Stepney , and stealing therein 1 writing-desk, value 10s.; 4 lockets, 6l.; 2 rings, 12l.; 1 pair of spectacles, 25s.; 2 pencil-cases, 17s.; 1 pair of clasps, 10s.; 1 pen-holder, 5s.; 1 spoon, 5s.; 1 night-gown, 4s.; 1 dressing-gown, 4s.; 2 purses, 2s.; 9 keys 1s.; 1 pocket-book, 1s.; 4 account-books, 4s.; 2 20l., 1 10l., and 3 5l. Bank-notes, her property; and 1 watch-chain, 3l.; 1 pencil-case 15s.; 2 breast-pins and chain, 5s.; and 1 handkerchief, 2s.; the goods of Frederick William Brown: and JOHN FRANCIS WHITE , for feloniously receiving the same, well knowing them to have been stolen: he was also charged as an accessary after the fact.

MESSRS. BALLANTINE and HUDDLESTON conducted the Prosecution.

MARGARET TAYLOR . I am lady's-maid to Mrs. Brown, of New Grove. On the 3rd of Feb., about half-past six o'clock in the afternoon, I placed a desk in her bed-room—I went into that bed-room again about half-past nine, and missed some night things—I went to the house-maid to ask if she had moved them, and afterwards took my mistress into the room—we then missed the writing-desk—next day I went outside the house, and saw footmarks leading up to the window of the room in which the things were the night before—I should imagine they were the footmarks of one person—they were small—the window is about ten feet from the ground—there is a building under the window, and ivy growing by the side of it—I should say any one could get up by means of the ivy on to the building, and so in at the window; I tried it myself.

FREDERICK WILLIAM BROWN . I live with my mother, at New Grove, Mile-end, in the parish of Stepney. About three years ago the prisoner lived with my mother—the window which was entered is in a wing of the house, and belongs to a room which is generally called the nursery—it is very easy to get from that room to my mother's bed-room—the nursery window has no pulleys—there is a fastening to it to keep it down, but nothing to keep it up, on being opened it would immediately slip down again—I have seen the window since—the breaking was Just in a place from which the fastening could be reached—it bad not been broken before that night.

MRS. SUSANNA BROWN . I am the mother of last witness. On the 3rd of Feb. my attention was called to my bed-room by Taylor, about half-past nine o'clock, and I missed my desk—it contained two 20l. notes and a 10l. note, in a purple pocket-book—I do not know the numbers of the notes—they were given to me for my own private use by my husband, who was an elder brother of the Trinity-house—I also missed a diamond ring off a pincushion and two miniatures from the looking-glass drawer.

JOHN MANNING (police-constable K 379.) On Monday, the 3rd of Feb., I was sent for to Mrs. Brown's—I saw the window in question, and found a breaking sufficient to enable a person easily to get at the fastening—I examined the foot-marks—they were those of a female, and of one person only—I received a description of the female prisoner that day, and searched for her—information was given at the different stations, and inquiries made in the neighbourhood—I ultimately traced her to Gloucester-street, Hackney-road—I went there on the 4th of March, with Milstead—the door was closed, and the two prisoners were at the door—I said to White, "You must consider yourself as my prisoner"—he said, "What for? what is the matter?"—I said, "For a robbery that took place at Mrs. Brown's, in the Mile End-road, about a month since"—he said he knew nothing about it—I then said, "I must search your apartment," which he said I should do, and I then searched the back room on the ground floor—they led the way—Payne was before me, in custody in the room—the door was opened

and Milstead with Payne entered through the passage, the door was open, and we went into the back room on the ground floor—White did not say the apartment was his, and he did not say it was not—in that apartment I found this desk, ring, seal, two miniatures, silver pencil-case, caddy-spoon, and a pair of gold spectacles, with a great quantity of new furniture, three rings, a brooch, some gold shirt-studs, a hair watch-guard, and a variety of other articles, some duplicates, and this card.

Cross-examined by MR. DOANE. Q. Did not he keep saying that he knew nothing whatever of the robbery? A. He did—I have not got the landlady of the house here.

MR. BALLANTINE. Q. You charged him with being a party to the robbery, I believe? A. Yes—I did not charge him with receiving the property.

Payne. Q. Where did you find the duplicates? A. They were found on you by the searcher, at the station, not in your apartment.

HENRY MILSTEAD (police-constable K 208.) I was with Manning when he went to the premises—I produce a 5l. note, which I got from the woman who searched Payne—I went to the shop of a grocer in Shoreditch, from whom I received some information, in consequence of which I looked after Payne—I took her into custody—I produce a silk chain, which was round her neck—I searched the apartment, and found a snuff-mull, some furniture, and a bill and receipt for it.

Payne. Q. When you apprehended me, what did you say? A. I said, "Jessy Payne, I want you for a robbery at Mrs. Brown's, in the Mile End-road, where you used to live.

MARTHA WADEY . I am a searcher, at the police-station at Bromley—I searched Payne on the 4th of March, and found some duplicates, a 5l. note, five sovereigns, some silver, four teeth set in gold, part of a diamond ring, containing the diamond, a pocket-book, tweezers, locket and key—I said to her "What are you brought here for?" or something to that effect, and she said she was charged with what she was too guilty of.

JOHN ALTON . I produce a miniature, a gold chain, two gold pencil-cases, and a remnant of merino, pawned by Payne, in her own name.

JOHN BOWEN . I produce a pearl pin, pawned at my shop by a female—I do not know who.

EDWIN AUGUSTUS BUSHELL . I produce three 5l. notes, two 20l., and two 10l., which have been recently paid into the Bank of England by different bankers, in the regular course of business—they are all cancelled.

BENJAMIN REID . I am in the service of Mr. Watson, a jeweller, in Norton-Falgate. At the latter end of Feb. the two prisoners came to our sbop, and bought two rings, I think—Payne asked White if he liked the mourning rings I was showing them—he said he did, it was the only style of ring he liked—Payne bought a brooch and hair guard, and paid me about 2l. 15s. in gold.

Cross-examined. Q. She asked to look at the rings, she selected the articles, and she paid for them? A. Yes.

ISAAC JOSCELYNE . I am a tailor, and live in Shoreditch. On Saturday, the 1st of March, the prisoners came to my shop—I said, "Do you want to purchase a coat"—they said, "What is the price of it?"—I am not positive which spoke, they were together—I called my foreman to wait on them, and stood by and saw the coat sold—White said to my foreman, "Can you give change for a 20l. note—I looked in my till, and said I could—Payne gave me a 20l. note—it had not been produced when

White asked if I could give change for it—I gave a 5l. check and twelve sovereigns for it—I laid it on the counter—I believe White counted it, and gave it all back to Payne—White gave me the name and address of Smith, Ann's-place, which I wrote on the note.

JONATHAN TAYLOR . I am in the employ of Francis Shaw, a cabinet-manufacturer in Shoreditcb. On Saturday, the 1st of March, the two prisoners bought goods of us to the amount of 19l. 2s. 1d.—I asked the man his name—he said, "White," and that name was put on the bedstead—Payne paid for them in sovereigns—they were sent by her direction to Mrs. Payne's, No. 2, Margaret-street, Hackney-road.

MRS. BROWN re-examined. A great number of the articles produced are mine—some of those found on Payne at the station—this is my husband's miniature.

Payne's Defence (written.) "However suspicious appearances may be against me, I solemnly declare that I am entirely innocent of any participation in the robbery with which I am charged; nor did I know the property found at my lodgings belonged to Mrs. Brown. The desk I only received on Sunday morning the 2nd of March; I had never opened it while it was in my possession; I received it from a person named Harrington, with whom I have been acquainted about six years; she told me it belonged to her brother, who was at Yarmouth, and asked me if I would take charge of it for a few days till her brother's return, which I contented to do, not knowing it was stolen; the articles produced by the pawnbroker, Alton, were pledged by me for the same person; had I known they were stolen property, I should not have taken them to a place where I have been in the habit of going for at least twelve months past, and given my own name and address at the time I pledged them; the two 5l. notes sworn to by Mrs. Brown were brought to me by Louisa Harrington; she told me they were her own property, and that she lived at Lambeth; she asked me to change them for her on the 6th of Feb. which not being convenient for me at the time, I told her I could give her eight pounds in money, which I had by me at that time of my own; she accepted that, and I gave her the other two pounds after I changed the notes; the twenty pound notes were my own property, most part of which was left me by a relation some time since; the remainder was my own savings; I took it out of a savings' bank at Chelmsford in Essex, about nine months ago; the five pound notes, also the money which I gave up at the station-house, I received in change of one of my own notes; the head of the diamond ring was given to me by the person Louisa Harrington; I had no knowledge of the value of it, or that it had been stolen, or I should not have had it in my possession upwards of a month after the stated time of the robbery taking place. I wish to state that I only lived in Mrs. Brown's service six weeks, and that is nearly four years since; and during that time I never saw any of the things I pledged for Louisa Harrington. I hope you will take in consideration the extreme improbability of my keeping stolen property in my possession upwards of a month, and continuing in the same lodgings, and going about the neighbourhood at all times of the day, bad I been aware the same was the proceeds of a robbery committed at a house where I had formerly lived, and was so well known. I never told roy fellow-prisoner, or any other person, that I found 60l., or any such sum."

PAYNE GUILTY . Aged 19.— Transported for Ten Years.


MR. BALLANTINE stated that Payne had been discharged from the prosecutrix's service three years before, for stealing about 70l. worth of jewellery, which was restored on a promise not to prosecute.

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