27th February 1865
Reference Numbert18650227-334
VerdictGuilty > unknown
SentenceImprisonment > penal servitude; Imprisonment; Imprisonment > penal servitude

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334. CHARLES ADAMS (22), SAMUEL DOUGALL (26), ARTHUR PINKNEY (19), JOHN GORDON (21), and WILLIAM BROOKS (22) , Burglariously breaking and entering the dwelling-house of Timothy Tyrrell, and stealing therein a piece of linsey cloth, his property.

MR. LILLEY conducted the Prosecution, MR. PATER defended Dougall, and MR. BAIRD defended Adams.

MORRIS RATHE . I am manager to Timothy' Tyrrell, a draper of the White-chapel-road—I live on the premises with my family—on 24th January, about half-past 11 o'clock, I went to bed, leaving the premises secure—I was called up by the police about half-past 1, went down and found Dougall in custody—I examined the premises with a policeman, and found they had been broken into, and some linsey cloths and fancy dresses stolen—I afterwards missed other goods of the same kind—I saw them safe when I closed the shop at 9 o'clock—these are them (produced)—the total value of them is 10l.—they were safe when I went to bed—they could be reached by putting an arm through the window.

Cross-examined by MR. PATER. Q. Can you tell us how the place was entered? A. By breaking through the bars, and breaking the shutters and the plate-glass window.

HENRY WARD (Policeman, K 353). On the morning of 24th January, about half-past 1 o'clock, I was on duty in the Whitechapel-road, and Adams came up and spoke to mo, about ten yards from the prosecutor's shop—I had seen him previous to that with Dougall, about fifty yards from the prosecutor's shop—he was alone—he said, "It is a cold night, policeman"—I said, "It is"—he said that he thought there was something on over the way, as he had seen several persons loitering about near the pawnbroker's shop—I asked him what he was doing out so late himself—he said he did not think it any harm speaking to me to put me on my guard—I passed by on the other side, and spoke to another constable—there was no one by the pawnbroker's—that is on the opposite side to Mr. Tyrrel's, and 100 yards further up, I should say—Adams went in the opposite direction away from the pawnbroker's, and the prisoner and I lost sight of him—there is a street, and two or three passages close by, by which a person having gone in that direction could come round again—I afterwards heard glass break, and saw Dougall, Brooks, and Adams running away, and two others who I cannot identify—I ran and caught Dougall—Parrott brought Adams back; Dougall pretended to be drunk—I took him to the prosecutors, knocked at the door, called the manager up, and made a search of the premises—the shutters were down, and the window broken—I produce part of the plate-glass.

Cross-examined by MR. PATER. Q. Was it a dark night? A. Yes—the constable I spoke to was not the one who came up shortly afterwards—I first saw Dougall fifty or a hundred yards from the prosecutor's shop, and I stopped him ten or fifteen yards from it, running away from it—he was not very much the worse for drink, but he pretended to be—he lay down

in the shop, and put his fingers to his face—directly the shop door was opened he pretended to fall down—I had not left the street when I heard the sound of glass breaking; I was about forty yards from it—Dougall was on the same side of the way—he made no resistance—I saw Dougall with Adams.

MR. LILLET. Q. How far were you from Brooks? A. When I was taking Adams, Brooks was three yards from me.

Brooks. Q. How can you say it was me? A. Because I have seen you about Baker's-row before—I did not see you with any parcel.

ENOS PARROTT (Policeman, H 56). On the morning of 24th January, about half-past 1 o'clock, I went in pursuit of Adams, and overtook him close to Whitechapel church, about five minutes run from Mr. Tyrrell's—he was running—I told him I should take him in custody for being concerned in a burglary a little farther up in the Whitechapel-road—I took him back to the shop—he said that he would come back, he was innocent—Ward identified him.

Crow-examined by MR. BAIRD. Q. Did he make any resistance? A. No—he went perfectly quiet.

COURT. Q. How near to the prosecutor's did you first see him? A. About 200 yards; he passed me running before I gained any information—some persons ran away before that who I could not identify—they turned up Baker's-row as I went up—there is a street between where I was and the prosecutor's shop.

JOHN LAW (Policeman, 205H). On 25th January, shortly after 2 in the morning; I was on duty in Old standing in a doorway to listen—I saw four men coming towards me; Brooks, Gordon, Pinkney and a man not in custody—Pinkney was about a dozen yards in advance—he did not see me—he made a stop, and I flourished my light in his face—he cried, 'Hold hard' directly, and the other three came to a stand still about a dozen yards off—I went towards them and they all ran away—I pursued them some distance—Brooks was carrying a bundle—I got very close to them—Brooks dropped the bundle—I stopped to pick it up, and Brooks stopped—it contained a quantity of linsey cloths—I took it to Chapel-yard station, and gave a description of the four men—I knew Pinkney, Brooks, and Gordon by sight very well—this is the bundle; it was wrapped up in this way—this was on Wednesday morning, and I saw Pinkney again next night, Thursday, 26th—I took him in custody, and told him the charge—he said, 'Well, I shall not make a mess of it; I shall say nothing"—on Tuesday, the 31st, I took Gordon in Flower and Dean-street, Spitalfields—I told him the charge; he said he was quite innocent—I have no doubt whatever that he is one of the three—I identified Brooks on the Monday morning at the station, among six others—he said, 'I wish I had changed coats with one of the other men; you would not have identified me then"—I identified him by his features, and not by his, coat.

GORDON. Q. How was it you did not take me in custody four or five days previous? A. Because I never saw you if you passed it was unknown to me—I took you when I did see you.

BROOKS. A. On the Monday night before I was taken, why did not you and the other constable take me when you saw me standing at the corner of Dover-court? A. I never saw you—I did not see you come out of a public-house; if you did you went back again, that I should not see you—I have never said that perhaps it did not suit us to take you.

WILLIAM KENNY (Policeman, K 390). About half-past 11, on 24th January, I was on duty in the Whitechapel-road, and saw the five prisoners, and a man who is not in custody, but who I can swear to if I see him again—Dougall, Adams, and Pinkney were standing by the prosecutor's door, and Gordon followed me round the beat—Brooks was standing about three yards away from Dougall and Adams, and he went back to them—I asked Dougall, Adams, and Finkney what they were doing there—Dougall and Adams said that they were waiting for their wives; Pinkney said that he was no thief, he wanted the workhouse—I told him I should give him the station-house if he did not get away—I saw them go and sit upon a stand near the prosecutor's door, and when I got to the top of my beat, Queen Ann-street, I saw Gordon peeping round the corner, watching me, and when I came round again they were all five together very near the door—I went round again to get another constable to take them for loitering, and when I came back the third time the job was done—I asked Gordon what he was following me about for—he said that he was not, he was following his own business—I asked him what he was—he said he should not tell me—I helped H 205 to take Pinkney next night—I followed Brooks—I saw him standing at the top of a bye-street, 100 or 120 yards from the prosecutor's, about half-past 1, or rather later, and when he saw me he ran through Queen Ann-street, and in by the front door, and out by the back door of No. 9—they are working men's houses, which are left open at night—he went across the back-wall, and I lost him.

BROOKS. Q. When I ran past you, did I have that parcel? A. You did not run past me; I did not say at the police-court that you did—I do not know what you had; it was dark.

GORDON. Q. Were you not in company with the other constable three or four days previous to taking me, and did not you both see me? A. No—you did not pass me with a brush in your hand two or three minutes previous to my taking you—you were brushing your clothes when I took you.

WILLIAM THOMAS (Policeman, H 141). I received from Law a description of Brooks, and took him on 2d February, about 3 o'clock, at 3, Bell-court, Princes-street, Whitechapel—I told him I wanted him for being concerned, with others, in a burglary in Whitechapel-road—he said that he knew nothing at all about it—I took him to the station, placed him with six or seven others, before Law came in, and when he came in he picked him out directly—I did not hear another constable say that it was not convenient to catch him.

Pinkney (to JOHN LAW). Q. Are you quite sure you saw me that night? A. Quite; I said I did not take you because I had nothing to take you for—I did not know there was anything wrong till I saw Brown with a bundle—I went into the public-house, and directly I saw you, K 390 called for a pint of beer, you directly stepped to the door, but I stopped you and told you the charge.

Gordon's Defence. I am innocent I was in bed at the time the burglary was committed This policeman saw me several times, and never attempted to lay hands on me.

Brook's Defence. These constables passed me twice on the night they took me, in a court a yard and a half wide. They saw me twice on Monday night, and did not take me, and since he has been on duty in Princes-street he saw me twice. I was always in bed by half-past 11, and am quite innocent.

Pinkney called

EDWIN PINKNEY . I am Pinkney's brother—he was at home at a quarter to 11 o'clock on a Tuesday night two months ago—it was the Tuesday night before he was taken in custody—I went on an errand, and came home at a quarter to 11, and my brother was sitting with my father by the fire—I went to bed at about a quarter-past 11, and he went up to bed with me-we sleep in the same room—I saw him next morning—I got up at half-past 7, and he remained in bed after me.

Cross-examined by MR. LILLEY. Q. Did you attend before the Magistrate to give evidence when he was examined? A. No-my father asked me to come, and two nights afterwards a policeman caught my brother in the Whitechapel-road, and my other brother came home and told it—I do not recollect the date at all-my brother was always at home about 11 or half-past—I am quite sure that never by any accident he was out later than that I work at 200, Brick-lane I begin at half-past 7 in the morning, and leave off at 11 at night-when I come home I am pretty tired, and go to bed soon afterwards-my brother the prisoner works at home with my father at weaving, and if he has not got anything to do he goes down to the docks and to Billingsgate, to see if he can get anything to do there-when he is at Billingsgate he comes home to his dinner, and goes out again, and comes home about 11—I am fifteen years old I am quite sure he has never been out later than 11 o'clock, nor have I have always been in work since I was eight years old up to the present time, in different places, except when I was laid up—I am a fishmonger at present.

COURT. Q. When was it that your father asked you whether you remembered seeing your brother? A. On Friday morning-that was when I heard my brother had been taken—he told me that he was going before the Magistrate, but I did not go—I do not remember my brother being absent from home—he has been home at night ever since I remember—I am quite sure I never knew him away from home-my younger brother winds cotton—he was at home on this Tuesday night before me, and went up to bed with me.

THOMAS PINKNET . I am thirteen years old, and am a brother of Pinkney's I remember his being taken in custody on Thursday night—he was at home on the Wednesday night before that, and on Tuesday night and Monday night; no not on Monday night—he came home very sick on Monday night and went to bed; on Tuesday night he was at home, and was sitting by the fire at about a quarter to 11, when Ted, Arthur, and I went up to bed, leaving him sitting before the fire I was in at 10 o'clock; he had not come in then, but he came in a little after, and I left him sitting by the fire when we went to bed.

Cross-examined. Q. How is it that you are able to recollect this particular night? Q. Because he came home sick on Monday, and I know Tuesday night came next—he was not in on Thursday night; he got locked up—he has not always lived at home; he has been absent a good long while—he was at home about March last—he has been away from home for three or four months—he was also away for several weeks in the autumn, about September, but all I know is he was at home on the Tuesday night—I did not give evidence before the Magistrate—I did not go to the police-court.

COURT to EDWIN PINKNEY. Q. What did you mean by saying that your brother has not been away from home at all? A. I do not remember it—I do not recollect his being away for some weeks last September, because the last place I was at, I was away for three or four nights—was not at home

last September; I was living at a fishmonger's shop—I have been living at home nine months; no six months—I was not at home in March last.

JOSEPH PINKNEY . I am Pinkney's father—I saw him up to a quarter-past 10 on Tuesday night, after which he went out again, and his youngest brother came in afterwards—I had been very ill for three months, and I went to bed—I have no clock, but I think it was about half-past 10—he had not come in at that time, and after they went up stairs they got quarrelling, and my wife asked me to get up and keep the boys from fighting, but I did not—I sleep down stairs.

Cross-examined. Q. Do you know anything about his being absent from home about March last? A. He left my home about that time—I cannot say whether he was absent three months; I am scarcely competent to recollect anything—he was absent about September for three weeks, I think.

Adams and Dougall received good characters.

GUILTY .—BROOKS was further charged with having been before convicted in December, 1861.

JAMES CORBETT . I am a jailor of the House of Correction—I produce a certificate; it refers to the prisoner Brooks—I received him when he got his sentence—he had six months hard labour, and I saw him fifteen or twenty times a day—I am positive of him—I receive all prisoners after conviction, and convey them away in the prison-van.

GUILTY.— Seven Year's Penal Servitude.

ADAMS and DOUGALL— Confined Twelve Months each.

PINKNEY** and GORDON**— Seven Year's Penal Servitude.

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