8th September 1831
Reference Numbert18310908-129

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1656. ANN KELLEY was indicted for stealing, on the 5th of July , 1 watch, value 4l., the goods of Thomas Rust , from his person .

THOMAS RUST. I am servant to Mr. Carr, a barrister, of No. 19, Park-crescent. On the 5th of July I was in the New-road, with the coachman, and met the prisoner; I went with her to a public-house at the corner of Fitzroystreet; we had a pint of beer and a glass of gin each - I then went to a house in a court with her, for about ten minutes, and gave her half a crown: as I came out of the court I went to feel for my watch, and missed it - the prisoner was with me; I saw my fellow-servant again in the court; I called the prisoner aside, and said, "While I have been with you I have lost my watch;" she said I must have laid it on the table, but I had not - I returned to the house; the watch was found, but not in my presence.

SARAH BUCKELEY . I am the wife of Joseph Buckeley , and live in Fitzroy-row, New-road . The prisoner and prosecutor came to my house - they went out; the prosecutor returned, and said he had lost his watch - the prisoner was searched, but it was not found about her clothes - his fellow-servant brought a Policeman; I searched the prisoner again, but could not find it - I asked if she had got it; she said No: I said, "If you have you had better give it to me;" she still said she had not - the Policeman insisted on my searching her again, and said if I did not find it he would send for a doctor or surgeon; I then saw her hand go to the chimney-piece, and I took the watch from there.

Q. At the time you asked her again about the watch, did you not know she had it about her person? A. I did see her hand come from her person, and go to the chimneypiece, and then the watch was there - I do not recollect her saying any thing to me.

Q.Mind how you answer - when you told her the Policeman talked about a doctor, did she make any offer to you? A. Yes, she said she would give me 5s. if I would say I had searched her and could not find it; I told her I would not say any thing of the kind, and that she had better give it up - she said she had got it.

Cross-examined by MR. PHILLIPS. Q. Who was in the room when she offered you 5s.? A.Nobody; after returning with the prosecutor she did not leave the house- my sister did not assist in searching the room for the watch - she opened the door for her; the prosecutor was in the room till the Policeman came - the prisoner and I were alone when the watch was found; the Policeman was at the door while I searched her - I only searched her clothes - she undressed several times. I have been to see her in prison once - I did not make her any offer; not a syllable passed about 2l. - I felt unhappy about her being here; I merely asked at the door to see Ann Kelley ; I was not asked what relation I was, nor did I say - I only saw her once before this transaction; I did not tell the prisoner I got into the gaol as her sister; there was a female with her - my sister lives in Buckinghamshire; she never entered the room while I was there, to my knowledge - I will not swear she did not come into the room; the prosecutor did not say, in my presence, that he did not believe the prisoner robbed him - she was nearly dressed when she produced the watch. I have kept this house about two months - I never kept any other house; I have been servant at other houses - I do not know where my husband is now; I saw him on Saturday.

MR. PHILLIPS to THOMAS RUST. Q.When you missed your watch did not the prisoner request that you should go back with her? A. She did - I saw Buckeley's sister in the room; I do not know that she assisted in looking for the watch - I offered the prisoner three halfcrowns for it; she said she had not got it, and asked to be searched.

JOHN RYLES . I am a Policeman. I was on duty in the New-road; the coachman called me to No. 4, Fitzroyrow - I found the prisoner there, and understood she had been searched; I required her to be searched again - she voluntarily stripped; nothing was found: I was not satisfied, and desired Buckeley to strip her quite - I went out at the door; I heard some words, but cannot say what - Buckeley afterwards produced the watch to me, with a ribbon - the prisoner clasped her hands together, burst into tears, and begged me to forgive her.

Cross-examined. Q. Who else was present? A. I believe Buckeley's husband; it was a man who appeared to belong to the house - Buckeley's sister came into the room.

Prisoner's Defence. Mrs. Buckeley was looking for the watch; she took it from a tea-caddy on the table, and said, "I have found the watch;" she said to me, "Hold your tongue - I will give you 5s.; my husband is in the habit of selling watches in the country;" I said I would do no such thing, and to give it to the gentleman - she came to me in prison, and said she had said she was my sister, or they would not have let her in - she said, "I am sorry you did not sell me the watch, but I am still sorry for you, and if you will make up 2l. I will not come against you" - I refused, and she said, "You shall rue it."

MARGARET BRANDON (a prisoner). I saw a woman like this witness come to see the prisoner - I cannot say she is the woman, as I was talking to a woman myself; I heard the woman say to Kelley, "Don't be alarmed - if you can give me 2l. I will go into the country, and not come against you;" I did not notice much what else passed, but I heard Kelley say, "Mrs. Buckeley (or Buckey) are you not ashamed of what you said of me?" she said she did not say what she did at the time, and she need not be uneasy, she would not hurt a hair of her head - Pollard was present, but no turnkey.

GUILTY . Aged 23. - Transported for Seven Years .

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