5th January 1863
Reference Numbert18630105-243
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

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243. JAMES HURLEY (18) , Robbery on Michael Murray, and stealing from his person 1 watch, and 18s., his property.

MR. COOPER conducted the Prosecution.

RICHARD BURTON . I am a hackney-carriage driver, of 13, College-place, Chelsea—on the morning of 4th November, about half-past 12 o'clock, I was in a coffee-shop, in King's-road, Chelsea, and saw four men there together—Marks, Ford, and Butler, who were tried here (See page 106), are three of them, and the prisoner is the fourth—I just went in and called for a cup of coffee, when they got up, lit their pipes, and went out.

Prisoner. Q. Have not you stated at the Court that then were five men? A. No—I came against three before, and one now.

CAROLINE CHARLOTTE FORSTER . I am a widow, of 9, Wellington-street, Chelsea—on 3d November, I was at a teetotal hall, and left about a quarter to 1 o'clock—I went through Lower Stone-street, and when I arrived at the Duke of York's school wall, I was insulted by Marks throwing himself across the path—three men passed behind me, and one stood at my side—that man was the prisoner—he passed "at the side of Marks, and the other three passed behind—there were gas lights close to me, and I could see his features, and have pointed him out since—I saw him on Saturday night, going down Jew's-row, and said to Sergeant Brett," There is the other man "—that is near the Chelsea-wall—the spot where the prosecutor was attacked is not five minutes' walk from the Duke of York wall; you would only have to walk a little way, and then turn—it is directly opposite South-street.

Prisoner. Q. Did you not state at Westminster that the one not taken was a short old-fashioned one? A. I said that there were five, and you were the fifth, and you knew me when I went after Sergeant Brett, and took to your heels—I said that the man was rather peculiarly dressed, and, was short; but he was not shorter than you.

WILLIAM BLOMFIELD (Policeman, A 248). On 4th November, I was, passing through Victoria-street, Westminster, about a quarter past 3 o'clock, and my attention was called by another constable to three men, two of whom, Ford and Butler, were tried at the last November Session, and the prisoner is the third—as soon as they saw me, Hurley pretended to be drunk—I knew them by sight, and told them the sooner they got back to. Chelsea the better—they were going towards Chelsea from the Broad Sanctuary.

THOMAS PHILLIPS . I keep a coffee-shop, at 28, Strutton-ground, Westminster—on the morning of 4th November, about half-post 2 o'clock, the prisoner came to me—he had been running; he seemed in great haste, and asked for a cup of coffee, which he had—I went towards the door, and he asked me to see if his two companions were coming up the street, which I did, and saw Ford and Butler, who I knew before—they joined the prisoner

who came from the counter to the door, and asked me if I had got any money—I said, "What for?"—he said, "To buy this watch," producing a very nice silver watch, broken at the top and the glass, and the minute-hand broken off—the bow was gone altogether—I told him I did not buy such things, and with that he went away—I saw him and his companions twice afterwards in the same street—I saw him from half-past 2, or a few minutes afterwards, which was the first time, till half-past 5 in the morning—he said, when he came to the house first, that the police had turned over two of his companions—my place is about two miles from Strutton-ground—I could do it in about a quarter of an hour running.

Prisoner. Q. How long did I stop in your house? A. About ten minutes, and I saw you in the street twice afterwards, at half-past 4 and a quarter past 5.

MICHAEL MURRAY . I am a painter, and live at 5, Symonds-street, Chelsea—on the night of November 3d., I was at this teetotal hall, in Little George-street, receiving the money of those who did not bring tickets—I could be seen doing that, by anybody outside—I left about 1 o'clock, leaving the money I had received behind, taking only my watch and about 18s. of my own—it was a silver Geneva lever watch—when I had got right into Symonds-street, three doors from my own place, three men came across the road, and one, who was close behind me, seized me by the throat, pulled me back, and prevented me from looking at the others, though I tried all I could to see them—I identified him as Marks—they ransacked my pocked—the one who was at my left trousers' pocket took my money, and the other took my watch out of my waistcoat pocket—directly Marks let go of me he struck me on my mouth, which filled it with blood, and I have since lost eight of my teeth—my jaw was cracked, and part of my gums have had to be out away—I cannot masticate any of my food—I have not recovered yet—I can only eat spoon victuals—it seemed more like a lump of iron than a fist—the blow rendered me senseless for a moment, and I then went and got a policeman, and went back to where I was attacked—the policeman afterwards showed me what appeared to be the bow of my watch.

Prisoner. Q. Did not you know me before the robbery was done? A. Oh! yes—it is my belief that you were one, and that you were the instigator of it—I cannot swear that I saw more than four.

PHILIS COCKER . I am the wife of Alfred Cocker, who keeps a beer-shop at Dardnell-road, Hammersmith—I know the prisoner—on 8th November, his brother brought him to lodge at our house—he slept in a room where other men slept—there were four beds in the room—one night after the prisoner and the other men were in bed, and I had been in bed some time I fancied my husband had fallen asleep; I got out of bed, and listened down stain whether I could hear him, and I heard the prisoner say, "We knocked him down, and took 18s. and a watch; we sold the watch for 25s., and divided the money among us"—some one asked him a question, and he said, "No; Lane was not there"—this conversation was either after Marks and the other men were committed, or after the trial—he was three weeks off and on at our house.

Prisoner. Q. Did not you say at the Court that I was not there? A. You said, "We knocked him down," and you said, "I sold the watch for 25s."—you owe me 5s. 10d., but I look to your brother to pay that, because he brought you—you were taken up two days before I gave any evidence.

WILLIAM MEADOWS . I am a carpenter—I slept in the same room with Hurley and some other men, at the beginning of November, and heard him

talk about Marks and the other men being tried—I cannot say whether that was before or after the trial, but I heard him say that it was the 4th of November—he said that Marks attacked Mr. Murray, and three of them passed behind; and he showed me how they garotted him, by putting his arm round my neck—he said that they took a watch and 18s. from him—he did not tell me who sold the watch.

Prisoner. Q. Did not you tell me, when yon came to see me in prison, that Sergeant Blewitt put you up to what you said on the second occasion? A. No.

George MEADOWS , I am a carpenter, and live at the Forester's Arms, Hammersmith—the prisoner slept is the same room with me on the night of the day when the other prisoners were committed for trial—he said to me, in the course of the night, that the whole of them were waiting for Mr. Murray; that Marks came before him and knocked him down, and knocked his teeth oat, and he (the prisoner) rifled his pockets, and took from him 18s. and a watch, which he afterwards sold for 25s., and they divided the money between them; that there were six of them together, and that he did not care a b—after the trial was over, for he was all right, and they could do nothing with him—I am quite sure he said that.

BENJAMIN BRFTT (Police-sergeant, B 29). On the morning of 4th November, between half-past I and twenty-five minutes to 2, the prosecutor came to me at the station, and said something—I went back with him to Symonds-street, and he pointed out the spot to me—I found a very large quantity of blood there, near which I picked up this bow of a silver watch.

RICHARD OTLEY (Policeman, T 36). On Tuesday night, 9th December, about a quarter to 8 o'clock, I apprehended the prisoner in Brook Green-lane, Hammersmith, working at the new chapel—I said, "Your name is James Hurley"—he said, "Yes"—I said, "I shall take you in custody and charge you with being concerned with four others in committing a garotte robbery at Chelsea, in the beginning of November"—he said, "I can get out of that"—I took him in custody—he said, "Do not disgrace me before my mates"—I had been searching for him since the 5th or 6th November, when the sergeant came down inquiring after Hurley.

Prisoner. On 6th November Sergeant Birch came, and I showed him a light, why did not he take me then?

WILLIAM BIRCH (Police-Sergeant B 25). I saw the prisoner a day or two after the robbery, but I was not satisfied at that time who committed it—I had not received any information about him.

Prisoner. Q. On 6th November I was in Mr. Murray's house; why not apprehend me then? A. Because I had no information then about your being concerned—you are a relation of Mr. Murray.

Prisoner's Defence. All I have got to say is that I am innocent of the crime.

GUILTY .—The police stated that in 1856 he was sentenced to fourteen days' imprisonment, and five years in a Reformatory; that in 1862 he was again in custody for stealing a coat; and Sergeant Brett stated that he was the associate of Marks and the other prisoners tried at the November Session, and had been the associate of thieves ever since he came out of the Reformatory two years ago. Ten Years' Penal Servitude.THE COURT directed a reward of 3l. to Inspector Butter, who was examined in the former case, and 2l. to Sergeant Birch.

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