11th April 1833
Reference Numbert18330411-150

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820. JOHN DAVIS was indicted for stealing, on the 28th of February , 1 handkerchief, value 5s., the goods of William Marshall , from his person .

MR. CLARKSON conducted the prosecution.

WILLIAM MARSHALL. I live in Aldersgate-street. At a quarter past seven o'clock in the morning of the 28th of February. I was in Holborn with a friend, and in consequence of an intimation from him I missed my handkerchief, which had been safe in my pocket two or three minutes before; I turned, and saw the prisoner about two yards from me.

GEORGE ROOKE. I live in Goswell-street. I was standing in Brook-street, Holborn; I saw the prisoner and another young man following the prosecutor and another gentleman - I saw the prosecutor cross Brook-street, and as he got on the foot pavement on the other side, I saw the prisoner take out his pocket-handkerchief; I was about four yards from him, and am quite sure he took it, but I did not see what he did with it.

COURT. Q.How long had they followed the prosecutor? A. I only saw them at the corner of Brook-street; I am quite sure the prisoner drew it - his companion started off immediately I think, for as soon as it was done I missed him.

Prisoner. Q.Did you not state that you were in a shop? A. No, I was outside the shop window; I had no idea who you was till I saw the deed committed - I did not state that I went into a shop and said I was determined to follow you; you were so near to the prosecutor it was almost impossible for me to tell the colour of the handkerchief - I went and asked the prosecutor if he knew the prisoner; he said No - I said "Look into your pocket, your handkerchief is missing;" he put his hand into his pocket, and his handkerchief was gone - I said, "That is the thief."

CHARLES HART. I was in company with the prosecutor; I had seen his handkerchief in his pocket a few minutes before it was taken - the skirts of his coat were very narrow, and it was easily perceptible; I saw no one with the prisoner.

CHARLES WILDING (Police-constable E 125). I took the prisoner; I found only two duplicates on him.

Prisoner's Defence. There was no one with me; I had my hands in my breeches pockets from Holborn-bridge up to that place - I said I was willing to be searched if they took me to a proper place, but I would not be searched in the street; I am quite innocent of the robbery.

GEORGE ROOKE re-examined. Q. What kind of person was it who was with the prisoner? A. I fixed my eyes so much on the prisoner that I did not notice the other; they were walking side by side as near as possible - they were almost treading on the prosecutor's heels; it was their manner that drew my attention.

Jury. Q. Do you think the prisoner might have handed it to his companion without your seeing him? A. He might; I lost sight of his companion immediately he took the handkerchief - I am quite confident the prisoner is the person who took it.

GUILTY .* Aged 20. - Transported for 14 Years .

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