14th January 1830
Reference Numbert18300114-92
VerdictGuilty; Guilty

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326. THOMAS SMITH and SARAH WILLIAMS were indicted for stealing, on the 13th of December , 1 pencil case, value 4s.; 5 shillings, and 1 sixpence, the property of Robert Davy , from his person .

ROBERT DAVY . I met the prisoner Williams near Temple-bar, on the 13th of December, and she asked me to walk with her - we went together to a house; as soon as I got in I was frightened, and wanted to get out, but she would not let me - she pushed me up stairs, and asked me for 1s.; she then pushed me into another room, and asked what money I had - I gave her 5s. 6d.; she said I had two sovereigns and a watch, and she would have them-she got me into another room, shut the shutters and the door, and began to knock me about: I tried to call out, but she would not let me - the male prisoner then came into the room; she said I had two sovereigns - he then asked for my money; I put the two sovereigns into my hat, and the man took my hat from me - they both then came round me, and took my pencil-case from me; the man got my hat from me and knocked me down - he called another woman and told her to take my clothes off, but as she came in I made my escape: I got my hat and the sovereigns - I went down and found the officer.

Cross-examined by MR. LEE. Q. You met the female prisoner, You say, at Temple-bar? A. Yes; there was no dispute between her and me as to the terms when we got to the house - I was sober; she demanded is. in the room she first pushed me into - I gave it her; she did not tell Smith that I had two sovereigns and a watch belonging to her; I did not before say that I had only lost 2s. - I did not lose my sovereigns, my hat, nor my watch; I did not give them sixpence to fetch gin - there was some gin brought in, and they wanted to drink; I know the landlord of the Angel inn - I never sent him to settle this if they would give me 5l.; I did not go back to the house and say if they would give me the 5s. I should be satisfied- I gave this 5s. 6d. to the woman because she asked for it.

Williams. I met him close by the Angel inn, and he had another young man, named Thomas, with him, who lodged at the Red Lion; the prosecutor said his mistress had turned him away from his place at a moment's warning, and he asked me for a lodging - I said I had known persons get lodgings at the Angel, and he went there and got a lodging at 6d. per night: on the Sunday night I met him again, and he said he would treat me - he went with me to this house, and gave me a shilling, which I took to the landlord; he then gave me sixpence, and I got a quarter, and half of gin - he said he was cold, and I took him into a room where there was a fire - he then gave me 3s.; which he took out of a sunff-box; he was with me for an hour and a half, and wished me to stay the remainder of the evening - I said I could not, and he wished to get the money out of my hand again, knocked me down, and tried to wrench it out of my hand; he then opened the door and ran down stairs - his hat fell off, and the landlord took it up and said, "Here is your hat;" I never saw a bit of gold about him. Witness. I did not try for wrench the money from her - I wanted to leave the house; I took up my hat in the room and the sovereigns were in it - I snatched them out, and then he took my hat and threw it down - my watch was in my fob, and my fob was twisted.

MR. LEE. Q. Are you subject to fits? A. I had one fit once, but I had none at that time; I fainted in the officer's arms.

JAMES HACKWELL . I am a Police-constable. On the

night of the 13th of December I was in Crown-court, and heard a cry of Watch! - I ran up the lane and saw this young man bleeding very much at the month; he said, "I have been very ill used in this house," pointing to No. 6, Little Shire-lane - I took him into the house, and the moment he got in he fainted away: he said Smith and Williams had both ill-used him - there was no pencil-case found; I accused Williams of being with him, and she turned her back to the fire, and dropped a shilling into it.

Cross-examined. Q. How many public-houses have you been in this morning? A. I do not know - I was as sober then as I am now, and as sober now as I was then.

JURY. Q. Did the blood on the prosecutor's face appear to be fresh? A. Yes, he was quite sober.

Williams' Defence. The prosecutor brought in this Police-man and gave charge; I said I was willing to go with him - I had 1s. in my hand; I said the gentleman had given me 5s.

Smith's Defence. On that Sunday evening I was sitting by the fire, reading the paper; the prosecutor had been in the house above an hour, and I heard a noise, and went up stairs, but it was all over and the prosecutor was coming towards the door - his hat was lying in the door-way: I asked what was the matter - he made no answer, but went out and brought in the Police-man; he then asked me if I would give him the 5s. which he gave the girl - I said I knew nothing about that, what he gave her she might keep; he then fell down on the stairs, and I ordered the servant to get a chair - his mouth was covered with blood; I called for towel and water to wash his face - the inside of his top lip was cut; the Police-man said, "He has got a watch," and he was putting it into his fob - the prosecutor jumped up and said, "I have got two sovereigns also;" he again asked me if I would give him 5s. - I said No; he then said he would give me and the girl in charge or illusing him - one of the Police-men asked if he had been robbed; he said, No, he had given the girl the 5s., and the shilling which he knew was to pay for the room, and 6d. for the gin, and in going out at the door he offered one of them 2s. to see him home, which they refused - in half an hour they returned and took me; nothing was said about a pencil-case at Bow-street, but only extorting 5s. by threats.

JAMES HACKWELL . re-examined. Q. Did the prosecutor tell you, in the first place, that he had been robbed both by a man and a woman? A. Yes, and had been very much ill-used: he did mention about the pencil-case at Bow-street - there was another officer with me; he did go away from the house, and afterwards return with me.

Cross-examined. Q. Why did you not take the prisoners into custody in the first instance? A. The prosecutor had been so knocked about he could not explain what he had been robbed of - he said, at first, he had been very much ill-used, and had been attempted to be robbed by a woman and by the landlord of the house.

MARGARET EVANS . I am a servant to Mr. Smith - he was reading the paper before the fire when the prosecutor came in with this woman, and went to the first floor; there was a bit of a row up stairs, and Mr. Smith went up - the prosecutor then came down, and hallooed out Watch! he was not sober - he was up stairs about an hour, then he went away for about an hour, returned, and said that they had both ill - used him; Mr. Smith had not been out of my sight - the prosecutor said he had two sovereigns and a watch in his pocket; he made no charge against them for robbery.

JURY to ROBERT DAVY . Q. When you went home with this young woman had you your pencil-case? A. Yes, I had it when I was with her - I had been reading all day, and I put it into my pocket when I was going home at night; they wanted me to give them some gin, but I would not - they got some and wanted me to drink, but they would not drink it themselves and therefore I would not.

COURT. Q. Was Smith present when you gave the 5s. 6d. to the woman? A. No; I did not see my pencil-case in the hand of any of the persons who ill-used me, but I felt it while I was in the house, and it was not in my pocket when I came down stairs.

SMITH - GUILTY . Aged 32.


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