The Proceedings of the Old Bailey

 

338, 339. (M.)   William Kenney and   Joseph Hawkins , were indicted for privately stealing from the person of   Samuel Moreton , two bank notes, value 20 l. each, the same being due and unsatisfied , April 30 . *

  Samuel Moreton . I received two bank notes, the numbers were of one 144, the other 217; I did not look much at them; they were 20 l. each. I wanted to get some gold to send into America. On the 30th of April, I took them out of my chest, and went to Mr. Drummond's to change them; they refused to change them. I offered to change them at the Crown in Bow-street. When I came near the Admiralty coffee-house, I met two soldiers; they said, Mr. Moreton, how do you do? said I, Do you know me? they said, Yes. They asked me to give them a pint; they took me down a long alley to a publick house. I stood against the table, and they stood by me; I put my hand in my pocket, and said, I have been robbed since I met you; they said, No sure Mr. Moreton, you can't be robbed, they said they would not take them away; they felt my pockets, then they bid me examine and search. I put my hands in my pocket again, and said, sure enough here are my bank notes; I put my hand in my pocket and felt them. I said, I am so glad I have got my notes again, I will give you half a gallon of beer for joy; a young man in the house wrapped them up in paper; and I put them in my right hand pocket. I paid for the beer, and we went up into the street; as soon

as I had got into the street, Kenney kept pretty close to me, at my right hand; there were five or six girls at the door; this all happened in half an hour; when I got into the passage I felt something kit against my thigh; I catched Kenney's hand in my pocket; I said you have got my notes again; I felt for the notes, and they were gone.

Q. At the time you caught his hand in your pocket, whereabouts was Hawkins?

Moreton. Not far off; a little at my left hand; there were several girls at his right hand. I charged them with it; they denied it; I was a good deal confused; I leaned against the wall, and they went away. I went down again to the same house, and said, They have robbed me of my notes again. They sent out after them, and caught them again. I received the notes from Mr. Lassater; they were brought back again in a few minutes; they offered to be searched; when they got to the top of the entry I walked behind; one of the girls knocked my hat off, and another struck me in the face; then they ran away, and I saw no more of them till they were taken; they acknowledged before the justice that they had changed the notes. I think Hawkins said, he got them of his father; Kenney said he found them in the passage.

Q. You said you was confused; was it with your loss or with liquor?

Moreton. With my loss; it was all the money I had.

  James Bensell . Kenney came into my house on the thirtieth of April, and ordered a pint of hot to be made; he asked me to change him a twenty pound note; I said, How came you by it? he said, it was sent by his father out of the country to buy his discharge. I said, I was glad of it. I took it out of his hand and went to Mr. Cox, the brewer, to ask him if it was a good one; I told Kenney if he came in the morning I would change it; he came in the morning; I went up to Mr. Cox's and told him it came from a soldier. (The note produced.)

Prosecutor. That is one of the notes, No. 217, and I know it by the hand writing upon the back of it.

- Lassater. I paid Mr. Moreton two twenty pound bank notes on the second of January last; I received them the first of January; No.   K. 217, No. H 14 +; there is my own hand writing upon the back of each; the 217 I received of one Musgroove, and there is his name upon the back of it; the name of Davis, of whom I took it, is upon 144, in my own hand writing.

  William Webster . I received a twenty pound bank note from Kenney on the first of May. I had not cash in the house; I got Mr. Barrow to change it for me; and Kenney paid me fifteen shillings he owed me out of the change. Hawkins was with him; he said if I would change a twenty pound bank note, he would pay me immediately. I got it changed, and he paid me.

  John Barrow . I received a twenty pound note from the last witness the first of May. I paid it Mr.   Foster the next day.

- Foster. I paid it Messrs. Neal, and Co. where we keep cash. I have traced it through two or three hands, but cannot find it.

Barrow. I took this memorandum: (Reads the marks of the note, which correspond.)

Q. from Kenney to the prosecutor. Whether you did not know us?

Prosecutor. I knew them by sight; I did not know their name.

  Samuel Saunders . I saw Mr. Moreton and the prisoners at Derry's; they came in and called for some beer; Mrs. Derry said, Let no beer be drawn for them: I said, There is a creditable man with them. Then they called for a pot, and had it. Moreton put his hand in his pocket to pay for some beer; then he said, I am robbed of forty pounds; I said, It is impossible to be robbed in this house. I asked him if he knew the prisoners; he said he knew a little of them. He said he had two twe nty pound notes. He searched his pockets and pulled out some paper. He did not pull them out then. I said, You had better look further. One of the prisoners said, Look in that pocket, perhaps you have not searched far enough; upon that he put his hand in his pocket, and pulled out the two twenty pound notes. I looked at them, and said, I think you wrap them up in a careless manner. I took down a paper, and put the notes in it; he put them in his right hand waistcoat pocket. Then they had another pot of beer. They staid about twenty minutes.

Q. Was Moreton sober when he went away?

Saunders. He appear'd so. Mr. Derry bid me turn out, and see what was doing by them people. He came back as I went into the passage, and said, I have lost my notes again. Kenney came down, and offered to be searched. Somebody said, I dare say the woman in company with you has the notes. One of them said he picked up the notes in Mr. Derry's passage.

Q. from the prisoner. Did not Mr. Moreton say he had lost one hundred pounds?

Saunders. Yes; he did. I said, In what? he said, Two twenty pound notes.

Q. Did you see the woman that was in company with them near Mr. Moreton?

Saunders. No; they were all together, and drank together.

- Derry confirmed the account given by the last witness.

- Bond. I took them at Richmond. Hawkins was very quiet; Kenney very obstinate. I found eleven guineas and a half, and a six and nine-pence on one; and upon the other I found six guineas and a half.

Q. Did you ask them how they came by that money they had?

Bond. They were very much in liquor. Hawkins said he had the money of his father. I gave them back a guinea each, by order of the magistrate.

Kenney, Guilty , Death .

Hawkins, Acquitted .