9th January 1882
Reference Numbert18820109-196
VerdictGuilty > unknown
SentenceImprisonment > penal servitude; Corporal > whipping

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196. THOMAS DWYER (24) and PATRICK ROACH (22) , Robbery with violence on Walter Evans, and stealing his watch, chain, and 2l. 10s.

MR. RIBTON Prosecuted.

WALTER EVANS . I am a groom, and live at 11, North Row, Grosvenor Square—on 18th December I was returning home about 12 o'clock, going along Paradise Street, Marylebone, when the prisoners and another man came behind me and tripped me up—the other man held me on the ground—Roach put his hand over my mouth—the third man took all I had—I had a silver watch and chain, two sovereigns, and 10s. or 11s. in silver in a purse in my right-hand trousers pocket—the prisoners said to the other man "Be off"—I had broken the link of the chain and tied some cotton to hold it, and it broke—the other man ran away—the prisoners struck me and tried to get away—I ran a few yards and caught hold of them, and called out "Police!" as loud as I could—a policeman came up and I told him my story, and gave them into custody, and they were taken to the station—I had seen them before—they never got out of my sight—I was sober—it is not true that they saw me with three other men.

Cross-examined by Dwyer. I was not talking to James Coombs or James Townsend—I had had one glass of beer at 8 o'clock and one between 10 and 11 o'clock—I had not been drinking with you, nor with Coombs and Townsend—the constable locked me up on the following night, Sunday, and I was charged with being drunk—I went to a public-house, and we talked about my being robbed, and one and another said" Have a glass," and I had a glass—one is all I recollect having.

Cross-examined by Roach. I was not with three men on the Saturday night as you went to have ginger beer.

Re-examined. I was given in charge outside the public-house between 10 and 11 o'clock on Sunday evening—I was dismissed the next morn-ing—I was not fined.

GEORGE SMITH . I am a clerk, of 23, North Street, Manchester Square—on Saturday night, the 18th, after 12 o'clock, I was in Paradise Street—I heard a scuffle—I saw three men hustling the prosecutor—the prisoners are two—they had hold of the prosecutor's shoulders, and appeared to strike his head up against a lamp-post—he fell on his back—he called out "Police!" and the third man held his hand over his mouth and the prisoners rifled his pockets—I saw the third man run away—the prisoners told him to be off—the prosecutor got up—the police came—the prosecutor held the prisoners—I did not assist—I have lost the use of my left hand—the prisoners were given into custody—the prosecutor said he had been robbed when he got up—I went to the police-court.

ROBERT PEARCE (Policeman D 65). I was in Grafton Court, and heard cries of "Police!"—I went to the spot—I saw the prosecutor holding the prisoners, one in each hand—Roach struck him in the chest with his right hand, and knocked him down—I seized Roach by the collar and Dwyer by the wrist—I gave Roach to another constable, and kept hold of Dwyer—the prosecutor raised himself from the ground and said "These men have got my watch"—I did not see the third man—I went to the place afterwards and found the bar of the watch—the prosecutor identified it—he was sober.

ALFRED HIGGINS (Policeman D 82). I was with the last witness on this night, and heard cries of "Police!"—I saw the prosecutor holding the prisoners, one in each hand—the last witness had both when I got

up—he took Roach and I look Dwyer to the station—the prosecutor did not appear intoxicated—on the way to the station Roach said "We got his b—watch? Sack Coombs has got that"—they were searched—Roach had a key and the other one a penny in his pocket—Sack is a nick-name—Roach did not mention Townsend.

The Prisoners' Statements before the Magistrate. Dwyer: "About half-past 12 o'clock on Saturday night I was with Roach in North Street. The prosecutor was there, talking to three chaps. Townsend is one and James Coombs the other. There was a third one. Roach and I were going up Grafton Court when the prosecutor caught hold of me and said he had lost his watch. I pushed him away, and he fell down. I told him I had not got his watch. He screamed 'Police!' and the police came and took me. I asked him to take me to Marylebone Lane and have me searched. He held me there till the police came. The prosecutor was drunk at the time. He told the inspector at the station that he had lost his watch, but he could not swear that we had it. "Roach said: "About half-past 12 o'clock on Saturday night we went into Mrs. Smith's shop for some ginger beer, and the prosecutor as soon as we came out was standing at the corner with three men, Townsend, Coombs, and a third one. He caught hold of Dwyer and said he had his watch. Dwyer said 'If I have got your watch have me locked up and searched.' He kept pulling Dwyer about, and I told him he had made a mistake. I said 'If you have lost your watch the men who were with you must know something about it.' We never moved from the spot till the policeman came up, and then we went to the station and were searched, and nothing was found on us."

Dwyer, in defence, added that the prosecutor was "running about like wild" as they were passing, and called police and gave them in charge, and that at the police-station the prosecutor said they had the watch, but when they were searched he said there was a third man in it. Roach said:" I have the same to say, I was with him all the time."

GUILTY .**— Five Years Penal Servitude each, and to receive 20 strokes with the cat.

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