5th April 1827
Reference Numbert18270405-8
VerdictNot Guilty

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Before Lord Chief Justice Abbott.

761. JOHN HUTCHINSON was indicted for feloniously assaulting Mary Kennedy , on the 22d of February , on the King's highway, putting her in fear, and taking from her person, and against her will, 1 handkerchief, value 6d.; 1 sovereign, 2 half-crowns, 2 shillings, and 1 sixpence , her property.

MARY KENNEDY. I am single , and live with my mother, in Broad-street, St. Giles'. I went into the Artichoke public-house at half-past one o'clock on the night of Thursday, the 22d of February, with Downes and Palmer - we had a glass of peppermint; the prisoner, whom I had seen once before, came in - he had a little doll called Tommy - he asked me to give him a glass of liquor, which I did; he asked if I would go with him to a female's apartment, and he would perform Tommy. I went with the other women, and he made the doll speak; the women came out with me, to the corner of White Hart-yard; I wished them good night: the prisoner said nobody should see me home but himself; he followed me as far as my mother's court, in Broad-street , and he said he would go up-stairs with me; I said he could not, because I lived with my mother; he immediately knocked me down, struck me on the side of my head, and struck my hand, in which I held my handkerchief, with a sovereign, two half-crowns, and 2s. 6d., tied in the corner of it - he took it from me, and ran away; I hallooed out Murder! but nobody came to my help; I went up stairs to my mother. I went to Bow-street in the morning, and described him; I did not know where he lived, and have not found my property. I am quite sure he is the man; he saw I had the money when I paid for the liquor, and saw me put it into my handkerchief. I found him in custody on the Sunday night.

Cross-examined by MR. BARRY. Q. Was your father's name Kennedy? A. Yes. I am never called Derry Whistle; I live with my mother - she does not support me altogether. I had seen Downes and Palmer before, but am not acquainted with them; I sometimes take walks at night to maintain myself; I had seen the prisoner once before - he is a ventriloquist - he had performed Tommy at Sarah White's apartment; I did not see her after I was robbed. I never talked of lugging - I do not know what it means; I hallooed out directly I was knocked down.

CHARLOTTE DOWNES . I was with Kennedy at the Artichoke; the house is open all night, for the printers; the prisoner came in, and Kennedy gave him a glass of peppermint; I saw her pay some money: she tied a sovereign, two half-crowns, two shillings, and a sixpence, in the corner of her handkerchief; the prisoner asked if we knew where he could go to play the ventriloquist; we took him to Mr. Wither's, No. 5, the corner of Little Catherine-street; he performed there, and we came out - we left the prosecutrix, but he walked by her side up to Drury-lane Theatre. I did not see them afterwards.

Cross-examined. Q. How long have known her? A. I have seen her about three times by Covent-garden Theatre, but never drank with her before; there were a great many women seeing the prisoner play Tommy - it was in a private house.

DANIEL REARDON . I am a patrol of St, Giles, and apprehended the prisoner on the 25th of February, at the King's Arms public-house, Coal-yard, Drury-lane, from the description Kennedy had given; I knew him before, as a ventriloquist; I told him it was for knocking a woman down, and robbing her, on Thursday morning - he said he knew nothing about it, and laughed; I did not mention Kennedy's name. I left him with Furzeman, and fetched Downes - I told her to look round the room, and see if the man was there - she pointed the prisoner out; Kennedy came in afterwards, and pointed him out; there were twelve or fourteen men there. He said, at the watch-house, that he recollected drinking two glasses of gin with Kennedy.

Cross-examined. Q. Do you know Kennedy? A. I have met her about at night; I never heard any harm of the prisoner.

Prisoner's Defence. When I received the glass of gin I wished them good morning, and returned home. I live in the City. I left three girls together when I came out of the house.

SARAH WHITE . I live at No. 9, Earl-street. On the morning the prosecutrix was robbed I saw her at No. 2, Russell-place, Bow-street, where I was servant; she came by as I was cleaning the step of the door; she said, "I had a pretty trick in the evening - I am going to the Artichoke, on the bounce, to see if I have not lost 1l. 7s.;" she said she had been to the Fountain public-house, in Catherine-street, over night, and she received 1l. 10s., and took two females to the public-house at the corner of the durkey, and then went to the Artichoke; she came into the house two or three times afterwards, fell down on her knees, and said she hoped her mother would not be alive when she went home if ever she rested till she had lagged the man.

COURT. Q. That was before he was taken up? A. Yes - she said she treated him at the darkey, and also at the Artichoke.


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