6th December 1809
Reference Numbert18091206-16
VerdictNot Guilty

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15. MARY SULLIVAN and ANN FITZHENRY were indicted for feloniously stealing, on the 13th of November , from the person of Samuel Barnett , a bank-note, value 10 l. his property.

SAMUEL BARNETT . I am a publican , on the 15th of November I was going down Drury-lane, these women catched hold of me, and persuaded me to go home with them, they forced me to go into their room, they made me go up stairs.

Q. Do you mean they persuaded you to go up stairs. - A. Yes.

Q. What do you talk about making you? you do not mean to say they forced you by manual force and violence. - A. No; as soon as I got up stairs, they asked me if I would treat them; I was going to treat them; I could not get the money out soon before that lady put her hand into my bosom, and robbed me of a handkerchief-pin, a handkerchief, and some silver: they called out to Mr. M'Carty, a publican, to bring up three half quarterns of rum, and change for a pound note. When M'Carty came up, he said here is the change for the pound note. I immediately refused to give the pound note: I was going down stairs; they snatched my hat off; and away I went down with the landlord to his own house without a hat. When I came into M'Carty's house, I set myself in the bar: I called for six pennyworth of rum and water: the prisoners came in, and gave me the hat. I then said to the prisoners, you have robbed me of a handkerchief-pin: if you will give it back again, I will spend five shillings; the handkerchief-pin was worth 2 l. or 3 l. I pulled out a handful of bank-notes, to the amount of 80 l. or 90 l.

Q. Do you walk about with that money in your pocket. - A. I was going to pay my distiller: when I took this money out of my pocket, a 10 l. note was the first of the bundle. I was going to give it to the landlord to treat them, to get my pin back again. One of the prisoners snatched it clean out of my hand, and gave it to the other: the landlord told Sullivan to give me the note back again: she abused me in all languages.

Q. What do you mean by all languages. - A. Bad language.

Q. Were you sober. - A. I was perfectly sober. The landlord sent for the watchman, and one of them got away. Some man knocked me in the mud; I lost my hat: Sullivan was taken to the watch-house, and searched; nothing was found on her. Fitzhenry was brought in afterwards, and searched the note was never found.

Mr. Reynolds. - You are a publican: where do you live. - A. In Long-alley, Moorfields; I am a married man; I have five children.

Q. What time in the evening. - A. I believe it was between seven and eight in the evening; I know it was on the 13th; I put it down when I went home in the evening; I know I was robbed.

Q. Where did you put it down. - A. I put it down in my head to keep it.

Q. You did not put down the day of the week; did you, is that so. - A. I know it was on the 13th. I cannot say any thing what day of the week it was.

Q. How long have you been in the public line. - A. A. About fourteen months.

Q. What had you been before - A. I do not know what I had been before; I came here for justice.

Q. You will not give me any other account. - A. No.

Court. This gentleman is trying you, to know whether what you say is true, therefore answer, or else the jury will say, very likely, you deserve no credit.

Mr. Reynolds. Inform these gentlemen what you were, before these fourteen months. - A. A dealer in cloaths. I have been in Holland, I bought old cloaths and took them there to sell them. It is now about four years ago since I returned from Holland, and since then, I bought old silver, clothes, or any thing of that kind.

Q. Upon your solemn oath, were you never in a court of justice before this day - A. I came here to have justice for what I lost.

Court. I will have an answer, or else I will commit you, that is my plain method - A. I have been here before for no harm, the same as another person.

Q. What are you - A. I am a jew.

WILLIAM M'CARTY. Q. What are you. - A. I am a publican. On a Monday night, Mary Sullivan called me out of her room, and told me to bring three half quarterns of rum; I did. She told me to give change for a pound note; Mr. Barnett refused giving the pound note, I took up the change, and was coming out of the room, and Barnett walked down before me. On the stairs Fitzhenry put her hand over my shoulder and took off his hat. I said it is better to lose your hat than your money. He came to my house and sat inside my bar, and called for sixpenny worth of brandy and water; I made it him; we both drank it. When both the prisoners came in with the hat, they handed it to him. He told me he was robbed of a handkerchief pin, and a silk handkerchief. He offered to spend five shillings to get the handkerchief back again; he took out a handful of notes, out of them he took a ten pound note and held it open in his hand; here landlord, he said, let them have five shillings-worth out of this.

Q. Was he perfectly sober - A. Yes, Sullivan put her hand over my shoulder and snatched it out of his hands; he cried out, landlord I have lost my ten pound note. I see you have, said I, and I will try and get it for you. Accordingly, I pushed in to get hold of her hand, I saw the note in her hand.

Q. Had you ever the note in your hand - A. No, Sir.

Q, How near were you to the bank note. - A. I was quite close to it.

Q. I want to know how you came to see it was a ten pound note - A. The light was on the table, he held it out in his hand, I was quite close to it. When I tried to catch Sullivan's hand, she put her hand round to Fitzhenry, both their hands met; I saw the note between their hands; I saw their hands part; and I then saw Sullivan's hand without the note. I said it is of no use, I cannot get the note from them. I shut the door and sent for the watchman, and gave them in charge.

Q. Did you relate to the watchman what had passed - A. No, Barnett told him what about. They went down the street, and I went a short passage to the watchhouse.

Mr. Reynolds. What is the name of the public house you keep - A. The White Hart.

Q. Do you know these women - A. Yes, I was called up into their room.

Q. When you got up there, Barnett made a complaint to you, that they had stole his handkerchief pin - A. Not immediately, he did not; he did not say a word about it in their lodging, he did mention it when I was going to leave the room.

Q. How came it when the hat was taken off his head, that you, and he, did not return and take it from them - A. Why, what was I to trouble my head about another man's affairs.

Court. What did you go over for - A. To serve the liquor. I thought it better for him to come away without his hat, than lose his money.

Q. Had you seen any of his money then - A. I had seen a lot of notes in his hand.

Q. Then before he came to your house he pulled out his money - A. Yes.

Q. Were you in court when Barnett was examined - A. Yes.

Q. Did not you observe, that he did not say that he pulled out the notes in their room - A. I did not observe that in particular.

Mr. Reynolds. I think you told my lord just now, that he was perfectly sober - A.No, I was not asked the question.

Q. Yes, you were, and you distinctly answered the question, that he was quite sober - A. He said, himself, that he was not quite sober, here now.

Court. He said he was quite sober, I asked particular, I did not think his behaviour was that of a sober man.

Mr. Reynolds. Pray what time of night was it - A. It was between ten and eleven when I went to the watch-house. It was near ten when they came to my house.

The prisoners were not put on their defence.


Second Middlesex Jury, before Mr. Justice Grose.

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