6th May 1867
Reference Numbert18670506-487
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

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487. JOHN BATTS (21) was indicted for stealing one watch and chain from the person of Charles Cadge . When called upon to plead, he remained mute, and a Jury was sworn to try whether he was mute of malice or by the visitation of God, and upon the evidence of John Rowland Gibson, surgeon of Newgate Gaol, and William Rogers, a sub-warder, the Jury found the prisoner mute from malice, and the Court ordered a plea of NOT GUILTY to be entered for him.

MR. STRAIGHT conducted the Prosecution.

CHARLES CADGE . I am an auctioneer, of 2, Colebrook Terrace, Mile End—on 2nd May, at eleven at night, I was in Fenchurch Street with my wife, and saw the prisoner coming towards us—he made a dash at my watch, grabbed it, and ran down a court with it—I followed, singing "Stop thief!"—this is my watch (produced)—here are my initials, C. C, on it—it is worth 2l. 10s., and the chain 15s.—the constable showed it to me at the station—I am sure the prisoner is the person.

RICHARD WILLIAM WHITE (City Police Inspector). On 2nd May, about eleven o'clock, I heard a cry of "Stop thief!" and saw the prisoner running—I stopped him with the assistance of another constable, and said,

"Where are you going?"—he said, "All right, governor, I am just going home; we are having a lark"—he ran round the urinal, took a watch out of his trousers pocket, and threw it against the urinal—I picked it up, and Cadge came up and identified it—on the road to the station he said, "It is only a lark; I did not take the watch, it was only a game; I did not throw it there"—he said nothing at the station except joking.

The prisoner, being called upon for his defence, made no reply.

GUILTY . He was further charged with having been before convicted.

RICHARD KEMBLE (Policeman 16 H). I produce a certificate. (Read:—"Clerkenwell Sessions, April, 1864. William Battson convicted of stealing a watch and guard from the person. Sentence.—Three Years' Penal Servitude") I was present; the prisoner is the person—he was in my custody—other convictions were proved against him.

GUILTY.**— Seven Years' Penal Servitude.

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