14th January 1878
Reference Numbert18780114-223
VerdictGuilty > pleaded guilty; Guilty > unknown
SentenceImprisonment; Imprisonment; Imprisonment > other institution

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223. WILLIAM SMITH (11), FREDERICK NECKLESS (11), FREDERICK JACKSON (11). and MARY ANN DANIELS (39) , Stealing five pairs of trousers, the goods of Edward Grove and others, to which SMITH, NECKLESS, and JACKSON PLEADED GUILTY .

MESSRS. STRAIGHT and GILL conducted the Prosecution; and MR. M. WILLIAMS defended Daniels.

HENRY CLEMOW . I am manager to Edward Groves and others, clothiers, of Lower Marsh, Lambeth—on Wednesday, 6th December, about 6.45, I caused to be placed in a cart a bundle containing five pairs of boys' cord trousers—I received information that they had disappeared—I have identified one pair by our mark.

FREDERICK JACKSON . (The Prisoner). I live at 45, Duke Street, Westminster—my father and mother are alive—on a Wednesday night in December I was with Smith, Neckless, and Miller, at the corner of Robert Street, where I took five pairs of cord trousers from a van, and about a quarter-past; seven I took three pair to Mrs. Daniels, 36, Isabella Street—Herbert told me where she lived—there is no shop, I knocked at the door, Mrs. Daniels answered it, and I said "Mrs. Daniels, do you want to buy three pairs of trousers?"(Neckless was a little way down the street)—she said "How much do you want?"—I said "3s."—she said "I will give you half-a-crown"—I said "Yes"—she gave me a florin and said she would give me another sixpence to-morrow night—I was in the passage by the side of the front room door, which was open—I was talking to her about five minutes—I had never spoken to her before—she did not ask who I was, or where I came from—I saw a man in an Ulster in the front room, who I have seen since at the police-court—he is the brother-in-law, Moses Daniels—I did not speak to him, or he to me—I then went back to Neckless, and then to the theatre—I went to the Board school next day, and was taken there by a policeman.

Cross-examined. I sold three pairs X, and Smith had one pair and Miller one pair—I did not see where the money came from that was given me for the trousers—I saw a man sitting on a chair—the other boy could not see inside the house, I was there alone—Nichols went with me to the theatre about 7.30—I gave Neckless 1s, of the florin and kept 1s. myself—I preferred the money to the trousers—the other boys had the trousers.

CHARLES HERBERT . I live with my father and mother at Charles Street, Oakley Street—I know Smith, Jackson, and Neckless—I saw them one Wednesday night when they had got five pairs of cord trousers, but I did not speak to them that night nor did they speak to me—I know Mrs. Daniels, she lived in the same street.

MOSES DANIELS . I am a professional, and live at 5, King Street, Leyton—I am brother-in-law to the prisoner Daniels—I heard some one at the door one evening, but do not know the date, and when I was leaving, my sister-in-law made me a present of three pairs of trousers—they might be men's trousers by the size—I could not get into these

trousers (produced), and they were similar to these in size—I took to Leyton and kept them till next day, when I heard that my sister-in-law was in trouble, and that they were stolen, and I threw them away in the street in Leyton about 7 O'clock.

Cross-examined. I said before the Magistrate that I had not seen any trousers that night; I thought that would screen my sister—it was not to screen myself—I did not pay for them, I swear that—I lent my sister half-a-crown that night in the parlour—the parlour opens upon the passage—I did not see a boy there—I swear I had not an Ulster on; I have not got such a thing—I lent her the money because she asked me—I mean to represent that she asked me to lend her half-a-crown and then made me a present of three pairs of trousers; she has been very kind to me—I do not know what the half-crown was for—I said before the Magistrate "I had nothing to do with the trousers"—I did not notice any trousers till I went away, when my sister gave them to me—they were a present—I saw her next in the Court—I have not been paid the half-a-crown back—I threw the trousers away in the street one after another, they were not wrapped up—I am a musical clown, and so is my brother, the prisoner's husband—I also travel for cigars, and I am a photographer when I have nothing else to do—I do not buy, I have not got the money—I have been a publican—my son by my wife is 18 years old; he could not wear the trousers—when my sister gave them to me I really don't know what I was going to do with them, and I strewed them about the street.

Re-examined. I did not see a boy at my sister's house—there is no pretence for saying that I bought the trousers.

AMOS STRATTON (Policeman L 166). From information I received I took Smith at his house, from information I received from Herbert—I afterwards took Neckless and then Jackson—on 16th December I went to Mrs. Daniels' house and found her in bed—it is a private house—I said that I should take her in custody for receiving three pairs of trousers of two boys last night—she said, "What trousers?"—I said, "Three pairs of cord trousers"—she made no reply—at the station she said, "I did have the trousers, but they were for my brother-in-law."

AMOS DANIELS (Re-examined by MR. WILLIAMS). When I lent this money to my sister in the parlour my nephew was present and near enough to hear what passed.

Witnesses for the Defence.

JOSHUA DAULT. I live at 26, Isabella Street—Daniels is my aunt—I was present when the trousers were brought to the house—Moses Daniels was there—some boy came to the door—I answered it—he said, "Will you buy these?"—my aunt called out, "Who is there?"—I said "Some one wants to sell some trousers"—she said, "I don't want trousers, I have no one to wear them"—my uncle said, "I will buy them, big or little ones," and my aunt went and got them—the money came from her pocket and she took them away.

Cross-examined. I was at the police-court, but was not called—I heard my uncle examined—only one boy came to the door—I cannot say who he was, as there was no light in the passage—it was 6 O'clock—I did not ask him where they came from, nor did my aunt or uncle—we have not had little boys there before—I did not see Herbert—I live at this house—my uncle is a professional—he was not at home that night, he was away on his business—the trousers did not come into

my hands—they were taken in by my aunt, but my uncle gave her the money to pay for them.

AMOS STRATTON (Re-examined). The trousers were stolen on December 5th, and I took Daniels on the 6th—four sovereigns and two half-sovereigns were found on her.

DANIELS received a good character GUILTY Eighteen Months' Imprisonment . SMITH, NECKLESS, and JACKSON— One Month's Imprisonment each, and Three Years in a Reformatory .

Before Robert Malcolm Kerr, Esq.

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