11th June 1860
Reference Numbert18600611-558
VerdictGuilty > unknown; Guilty > unknown
SentenceImprisonment; Imprisonment

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558. RICHARD FITZGERALD (45), and JAMES BESBOROUGH (24) , Stealing 6 blankets, 4 sheets, and other goods, and 21l. in money, the property of William Hennessey. Second Count, charging Besborough with receiving the said property.

MR. TAYLOR conducted the Prosecution.

WILLIAM HENNESSEY . I am a shoemaker and live in Dudley-street, Seven-dials—on 29th April, I was living in 7, Berwick-street, Soho—that was on Sunday—I expected my wife from Ireland that morning, at the Dublin wharf; I went there to meet her—I got there between 9 and 10 o'clock that morning—I went into a coffee-shop at an early hour, and I was speaking to another chap who is not yet found—he said he was an Irishman—the prisoner Fitzgerald was standing by, and he said to me, "Don't you stir, when the boat arrives I will let you know"—he afterwards came and told me it had arrived, and then Fitzgerald and I and the other man went to the wharf—I told the man my wife was on board—he would not allow me to go—one of these went in, I am not sure that it was Fitzgerald—the boxes came out, and were laid on the footpath by me—Fitzgerald then went and fetched a truck, he went by order of the other man—my wife and my step-brother hired the men, I was not present—Fitzgerald brought the truck, the things were put on the truck, and they were rolled up to Tower-hill—I can't say whether Fitzgerald drew the truck, they were altogether, they were arguing—I kept them in sight till they reached the top of Tower-hill, I then lost

sight of them—when I last saw the truck, Fitzgerald was with them—I did not see him again till he was at the Thames police-court.

COURT. Q. Did you hear any directions given in Fitzgerald's presence where the truck was to be taken? A. No; I was not present.

MR. TAYLOR. Q. Are these tools which are here produced yours? A. Yes; I did not see them that morning, I left them in Ireland; they were in the box—I am sure they are mine.

Cross-examined by MR. SHARPE. Q. How long were you here before your wife? A. Five days, I had been in London before she came—I believe I was three days in Bristol—I had left Ireland in the week previous, eight or ten days before—I had seen my tools up to the time of my leaving—these are ordinary tools used by shoemakers—there are no private marks on them—I can identify them—our tools are never marked—I think it was between 9 and 10 o'clock when I got to the wharf—it did not take many minutes to put the things on the truck—I had been there early in the morning—I started with the things between 9 and 10 o'clock—I should think I lost sight of them about 10—after I lost this man I went to 7, Berwick-street; I think I stopped there about half an hour; my wife was with me—that night I was stopping at a friend's place—I went to Seven-dials, I think a week or a fortnight afterwards; between the 29th of April and the 13th of May I returned to Berwick-street.

MR. TAYLOR. Q. Do you know this last? A. Yes; it is what I make my boy's boots on—the tools are worth 7s. or 8s.

ELLEN HENNESSEY . I arrived by the Cork steamer at the Dublin wharf on Sunday morning, 29th April—I am the wife of the last witness—before leaving Ireland I packed up my things—I packed up my husband's tools; these are some of his tools; I put them in the same box where the money was—it was a red painted box—I brought that box with me, and it was put on the truck—when I saw my husband I saw Fitzgerald; I made a bargain about taking the things—he got a truck, and he and two men put all the things on the truck—I made a bargain with Fitzgerald for 4s. to take them to 7, Berwick-street—I offered him 3s. 6d., and after he got the things on the truck, he wanted another 6d., and I agreed to give it him—they were taken towards Tower-hill; I saw it till they turned at a corner on Tower-hill, and I lost sight of the truck—the last time I saw it Fitzgerald was with it—I don't know anything of the other two men—I have never seen that red painted box since—there were three boxes and three bundles and 21l. in cash—60l. or 70l. worth of property altogether—I went to Berwick-street and stayed there about half an hour and then came back again—I saw Fitzgerald again about 5 o'clock in a public-house in Whitechapel, I asked him what he had done with my things, he said he had left them with the two men—I kept him till a constable came.

Cross-examined. Q. Did you pack these things yourself? A. Yes; I and my little boy—I don't know these tools by any mark—I was not in Court when Nathan was examined.

Fitzgerald. The first man you saw was on board the steamboat. Witness. Yes; you or the men drew the truck.

MR. TAYLOR. Q. Was it Fitzgerald who agreed with you to take the things to Berwick-street? A. Yes; it was.

LAZARUS NATHAN . I live at 1, Wentworth-street, and am a boot and shoemaker—on Sunday, 29th April, I lived at 26, Flower and Dean-street—on that afternoon I saw the prisoner Besborough; he came and beckoned me out, and I followed him—he went to a house situated on the left-hand side of

Lower Keate-street, the last house on the left-hand side coming from Brick-lane—when he got there he took me up stairs to a back-room, and showed me these shoemakers' tools—he asked me if I would buy them—I told him they were no use to me—they were no value—at that time another man came in whom he called Jem Joe, and he said, "Here is a lot of cuttings" (bits of leather)—I asked him what he wanted for the lot together—the other party said. "Fifteen shillings"—I told him I would not give one third of that—he asked what I would give, and I gave 5s. for them—Besborough said, "They are very cheap for the money"—they did not take the 5s. then—I asked Jem Joe how he came by these things, and he said they were left there for rent; the man had been away three weeks—I then left and went away, and when I got two or three doors off, Jem Joe came and said I should have them—he and Besborough stood at the door together—I put two half-crowns into Jem Joe's hand, and he gave a half-crown to Besborough.

Cross-examined. Q. What time was this? A. Between two and three o'clock in the afternoon—this was in Keate-street—I don't know whether it was at No. 8—I saw the tools when I first went; some were on the seat and some on the floor—Jem Joe did not say it was his room—he did not say that the place belonged to him—he did not say who the tools belonged to, he said they were left for three weeks' rent—he did not mention for the rent of what place—Besborough showed me the tools—he did not say that they were his or that they were not his—Jem Joe said they were left there for three weeks' rent, but neither of them claimed them singly—I was examined at the Police-court—I did not say when I saw Besborough that I did not know him—I did not say anything of the sort—I signed some paper—I did not say that I did not know Besborough—I did not say that I had not bought anything of Besborough. (The witness's deposition was here read, in which he stated, "Besborough took me to a house; presently another man came in and said the tools were left in his room for rent.") I also got some pieces of leather—I did not say, when before the Police Magistrate, that I did not know Besborough—I did not say that I had not bought the tools from him but from another man—When Deeble, the policeman, came to me about this he took me in custody for having the goods in my possession—I was charged with receiving the goods, but I am not aware that it was knowing them to be stolen—this is the first time I ever appeared in a Court of Justice except when I was an apprentice and summoned my master for wages—I never was convicted—I have not had penal servitude; it is quite untrue.

MR. TAYLOR. Q. You say it was the last house on the left? A. Yes; in coming from Brick-lane towards Commercial-street—it is next door to the Blacking Bottle public-house, nearer to Commercial-street.

JOHN BROWN (Policeman, 180 H). I know Besborough and I know where he lives—I know the passage which joins the Blacking Bottle, in Keate-street—the house at the corner of that passage, the Blacking Bottle, is at the corner of that passage, and the house where Besborough lives is at the other corner—as you go from Brick-lane along Keate-street, it is the last house on the left hand corner—I don't know where Fitzgerald lives.

Cross-examined. Q. How long before had you known Besborough living in that house? A. I had called him up to work a week or eight days before.

JOSEPH DEEBLE (Policeman, 195 H). I know Besborough, he lives in a house right opposite to the Blacking Bottle—as you go down from Brick-lane it is the last house on the left hand side—I obtained these tools from

Mr. Nathan, on a Friday, three or four days before I took Bflsbarougb—I took him at 41, London-street, Stepney, on the following Monday night—I told him I should take him for receiving some shoemakers' took knowing them to be stolen—he said, "I never had any tools"—I said, "You did, and sold them to a Jew"—I know where Fitzgerald lives—it is some hundred yards from where Besborough lives.

Cross-examined. Q. He denied that he ever had anything to do with these things? A. Yes—I had not been to Beaborough's house for some time before that day—I was in Court when Nathan was examined at the Thames Police Court—I first took Nathan for having these goods, knowing them to be stolen—he was brought up on that charge, and after that he was examined as a witness—I did not hear him say that he did not know Besborough—I did not hear him say that Besborough was not the man who sold him the things but another man—I heard all that he did say—when Mr. Nathan was put on the Mil, I took Besborough in the with five or six others, and I took Mr. Nathan and said to him, "Look in. Mr. Nathan and see if there is any one there you know"—he said, "Yes; that is the man," pointing to Besborough—I never heard him say that it was not Besborough but another man who sold him these goods—he said it was Besborough and Jem Joe.

Fitzgerald's Defence. For above 18 years I have been getting a living by hard work and jobbing at the wharves. I never was charged with any dishonesty. On that Sunday morning when the steam packet arrived, the prosecutor went to the wharf and tried to get in; but he was refused, no stranger being allowed, and be being much in liquor, for he had been drinking with two men whom he had employed, both strangers to me. As he could not get on the wharf, one of the two men said, if fee knew the name of the party be would go in. The prosecutor gave him the name and address, and this man then went on board the ateam packet and found the woman, and she gave him charge of the goods, and he brought them out in the street and asked me to fetch a hand-truck. When I came back the man that had charge of the goods and his mate loaded the truok, I then asked the men where the goods were going, they said to Oxford-street, near Soho, which is a long way from the wharf, aud they were to get 4s. 6d. I then efused to go, as that would not pay three men and truok hire; I told them to go and get a truck for themselves, as I bad left sixpence deposit on that truok; one of the men then handed me a sixpence, saying that they did not want me to go with them, and that they would take back the truck safe; they began to drag the truck along, and the prosecutor and his friend with them. I did not like to let the track go with two strangers, and I followed them to Tower-hill. I saw a policeman and I asked him to stop the truck, but he took no notice of what I said, and the two men dragged the truck along Tower-hill and the prosecutor and his friend with them. I went no further with them but returned back to the neighbourhood of the wharf, where I stopped till the afternoon. I then went to inquire of the owner if the truck had been brought back, he said, "No," and there was some one there asking about the goods, and we went to the station-house and reported the loss. If I had had any fear or known anything of the goods, I might have gone miles away, but I went seeking the truck and could not find or hear of it. On the Sunday evening I was taken, and when at the station-house, all the property I had in thd world was M. I am quite innocent of the charge.

FITZGERALD,— GUILTY of Stealing Confined Eighteen Months.

BESBOROUGH.— GUILTY of Receiving Confined Twelve Months.

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