<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<interp inst="def1-838-18880917" type="age" value="23"/>
<interp inst="def1-838-18880917" type="surname" value="PEACOCK"/>
<interp inst="def1-838-18880917" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE PEACOCK</hi> </persName> and
<persName id="def2-838-18880917" type="defendantName">
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<interp inst="def2-838-18880917" type="surname" value="SMITH"/>
<interp inst="def2-838-18880917" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES SMITH</hi> </persName> were
<hi rend="italic">again</hi> indicted for
<rs id="t18880917-838-offence-1" type="offenceDescription">
<interp inst="t18880917-838-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18880917-838-offence-1" type="offenceSubcategory" value="simpleLarceny"/> stealing a portmanteau, a suit of clothes, and a portmanteau, six collars and other articles of the
<persName id="t18880917-name-182" type="victimName">
<join result="offenceVictim" targOrder="Y" targets="t18880917-838-offence-1 t18880917-name-182"/>London and South Western Railway</persName>, to which</rs> </p>
<hi rend="largeCaps">PEACOCK</hi>
<hi rend="smallCaps">
<rs id="t18880917-838-verdict-1" type="verdictDescription">
<interp inst="t18880917-838-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18880917-838-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<hi rend="italic">Prosecuted.</hi> </p>
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<persName id="t18880917-name-183" type="witnessName">
<interp inst="t18880917-name-183" type="gender" value="male"/>
<interp inst="t18880917-name-183" type="surname" value="NORTON"/>
<interp inst="t18880917-name-183" type="given" value="BENJAMIN"/>BENJAMIN NORTON</persName> </hi>. I live at South Bermondsey—on August 20th I was a passenger on the South Western Railway, on arriving at Waterloo station my portmanteau was missing—I have since seen part of the contents, a handkerchief, and suit of clothes, six shirts and a flannel vest.</p>
<hi rend="smallCaps">
<persName id="t18880917-name-184" type="witnessName">
<interp inst="t18880917-name-184" type="gender" value="male"/>
<interp inst="t18880917-name-184" type="surname" value="CLARK"/>
<interp inst="t18880917-name-184" type="given" value="CHARLES"/>CHARLES CLARK</persName> </hi> I am assistant to Mr. Davidson, a pawnbroker, of Waterloo Road—on August 21st, the suit of clothes, six shirts, and vest (
<hi rend="italic">produced</hi>) were pledged with me, I do not know who by, in the name of James Smith—Mr. Norton identified them.</p>
<hi rend="smallCaps">
<persName id="t18880917-name-185" type="witnessName">
<interp inst="t18880917-name-185" type="gender" value="male"/>
<interp inst="t18880917-name-185" type="surname" value="CALLAGHER"/>
<interp inst="t18880917-name-185" type="given" value="ROBERT"/>ROBERT CALLAGHER</persName> </hi>. I took Smith on the other charge, and found in a box at his lodgings at 28, Stangate, this account book and handkerchief which have been identified—I found on him this cricket ball and pocket book.</p>
<hi rend="smallCaps">
<persName id="t18880917-name-186" type="witnessName">
<interp inst="t18880917-name-186" type="gender" value="female"/>
<interp inst="t18880917-name-186" type="surname" value="HAYES"/>
<interp inst="t18880917-name-186" type="given" value="JANE"/>JANE HAYES</persName> </hi>. I am housekeeper at 36, Hyde Park Gardens—on August 27th I was a passenger on the South Western Railway, and arrived at Waterloo about 9 p.m., and missed my portmanteau, which had been put into the train at Woking—I next saw it at Albany Street Police Station—it contained, among other things, a bag, a comb, and a brash, which I have identified.</p>
<hi rend="smallCaps">
<persName id="t18880917-name-187" type="witnessName">
<interp inst="t18880917-name-187" type="gender" value="male"/>
<interp inst="t18880917-name-187" type="surname" value="DAWS"/>
<interp inst="t18880917-name-187" type="given" value="FREDERICK"/>FREDERICK DAWS</persName> </hi>. I am an actor and live at Stangate, Smith lodged in the same house, and I have seen Peacock there—I found this bag, comb, and brush on my dressing table, and Smith told me he placed them there—Peacock said that he was going away to sea, Smith introduced me to him at the New Inn, Westminster Road, and said that he was a sailor—I never knew his name—that was two or three days before I found the things on my dressing table.</p>
<hi rend="smallCaps">
<persName id="t18880917-name-188" type="witnessName">
<interp inst="t18880917-name-188" type="gender" value="male"/>
<interp inst="t18880917-name-188" type="surname" value="VALHACHE"/>
<interp inst="t18880917-name-188" type="given" value="FREDERICK"/>FREDERICK VALHACHE</persName> </hi>. I live at Lower Clapton—on August 27th I was a passenger by the London and South Western Railway, and arrived at Waterloo about 9.50 and missed my portmanteau—I have since seen it in the possession of the police—among other things it contained these two vests and six collars (
<hi rend="italic">produced</hi>), and a cricket belt which I have since seen, and a pocket book.</p>
<hi rend="italic">Smith Defence.</hi> I did not know Peacock till a fortnight before we were caught—he gave me the things that I had, I met him at New Inn. he asked me to have a drink, and said that he had come from the West Indies, and had brought a few things with him, and would give me a razor and strop. He slept with me one night and brought two portmanteaux, in one of which were two waistcoats, a suit of clothes, and a pocket book. He gave me a waistcoat, a belt, and the pocket book. I thought he brought them from the West Indies. I should like him to be called.</p>
<hi rend="smallCaps">
<persName id="t18880917-name-189" type="witnessName">
<interp inst="t18880917-name-189" type="gender" value="male"/>
<interp inst="t18880917-name-189" type="surname" value="PEACOCK"/>
<interp inst="t18880917-name-189" type="given" value="GEORGE"/>GEORGE PEACOCK</persName> </hi>. I have pleaded guilty to this indictment—I met</p>
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<p>Smith at the New Inn, Westminster-Bridge-Road, and said I had just come home from the West Indies, and had a lot of stuff—I asked him if he shaved, he said "Yes," and I gave him a razor and strop, and asked where I could sleep that night—he said that I could sleep with him. and I took two portmanteaus which I had stolen to his place, and gave him a pocket book, some collars, and a handkerchief.</p>
<hi rend="italic">Cross-examined.</hi> I told him that my name was Peacock—I took the two portmanteaus in the evening, but I slept out and took them round to him in the morning—I slept with a young girl and gave the rest of the contents to her; I let her have a good pick of cigars and cigarettes, and she took all but the comb and brush—I pawned some of the articles in the name of James Smith, which is my real name—I had promised the prisoner Smith a portmanteau a week before, and told him it was at Waterloo Station—I knew I could get one—as the train came in I opened the door and took them out of the van—I took these things before I know Smith, and I pawned them in the name of James Smith—the account book which I gave to Smith had writing in it, and the name of Daniels—it did not look as if it belonged to me, there was nothing in it about Peacock—Smith did not ask me how I came into possession of a handkerchief with another person's name on it—we were together at Euston, but I took the things and gave them to him—I told him I was going to meet a
<hi rend="italic">chum</hi>, he did not know I was going to steal anything, though they have been taking him for my tool all along—I said "It' you see a sailor, tell me, he is sure to come by one of these train," and while his back was turned I was watching the luggage, and said to him "Take that bag, that belongs to me, don't give it to anybody"—he had nothing to do with it, I am the man to suffer for it.</p>
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<persName id="t18880917-name-190" type="witnessName">
<interp inst="t18880917-name-190" type="gender" value="male"/>
<interp inst="t18880917-name-190" type="surname" value="DAWS"/>
<interp inst="t18880917-name-190" type="given" value="FREDERICK"/>FREDERICK DAWS</persName> </hi> (
<hi rend="italic">Re-examined by Smith</hi>). I first saw you together about a fortnight before you were taken in custody—I have known you about four months, you came from Bradford, in Yorkshire, and joined the company I was acting with—we broke up a fortnight or three weeks afterwards—I came to London; you came up afterwards, and I took you in where I was living—I paid for your board and lodging for a week, but was unable to continue it—I never saw Peacock give you anything, but I have known of it.</p>
<hi rend="largeCaps">SMITH</hi>
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<hi rend="smallCaps">GUILTY</hi> </rs>. —
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<hi rend="italic">Twelve Months' Hard labour.</hi> </rs>
<hi rend="largeCaps">PEACOCK</hi>
<hi rend="italic">
<rs id="t18880917-838-punishment-39" type="punishmentDescription">
<interp inst="t18880917-838-punishment-39" type="punishmentCategory" value="imprison"/>
<interp inst="t18880917-838-punishment-39" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-838-18880917 t18880917-838-punishment-39"/>Eighteen Months' Hard Labour.</rs> </hi> </p> </div1></div0>

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