11th May 1835
Reference Numbert18350511-1236
VerdictNot Guilty > unknown

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1236. JOSHUA KNIGHT was indicted for stealing, on the 26th of April, 2 half-crowns and 1 shilling, the monies of Edward Stone, from his person.

EDWARD STONE . I am pot-boy to the Bank of England public-house, in North-wharf-yard, Paddington. On Sunday night, the 26th of April, I went to the Hope, in Berkley-street, and saw the prisoner—I was rather the worse for liquor, but not drunk—I went into the yard and was sick there—I remember a hand being introduced into my pocket in the yard—Moore, my brother-in-law came out into the yard—he said, "If you touch him, I will split your head"—he said so to the prisoner—I at that moment was so sick, I could do nothing—there was nobody in the yard but me and the prisoner at the time—I missed from my pocket two half-crowns, 1s. and a button—I charged Moore with taking it at first, and searched him, and found he had but 5d.; he was in the privy—I then went into the tap-room and charged the prisoner with taking two half-crowns and 1s.—he said he had done no such thing, and that he had 12s. about him—we had a scuffle—I struck him, and he struck me—I had two half crowns and 1s., and a button in my pocket before I went into the yard—I had the button in my pocket for a fortnight—it had not come off my dress.

Prisoner. He said it had come off his trowsers; and he showed an iron shank, and said it had come off there the same day. Witness. I said I had it to put on where that was off—there was a button off my dress—the button I lost was not part of my dress—I had picked it up in the street, and was going to put it on my trowsers—it did not correspond with the prisoner's dress.

JOSEPH MOORE . I am a pot-boy out of place, and live in John-street,

Edgware road. I was at the public-house with the prosecutor—I saw the prisoner and prosecutor in the yard when I went out there—I went into the water-closet, and left the door open; and presently I saw the prisoner touch the prosecutor, and say, "Well, comrade, how are you?"—I saw him put his hand into his left-hand pocket—I said, "If you don't let him alone I will split your head off"—the prisoner then caught hold of the door, and went into the tap room—my brother-in-law said, "Joe, have you taken my money?"—I said, "No; feel;" and he searched me—I had only 5d.—he went into the tap-room, and accused the prisoner of taking two half-crowns, 1s., and a button—the prisoner said, "I have got 12s. in my pocket now?"—the prisoner was intoxicated—Williams came in, and asked him to let him see what money he had; and all he could produce was two half-crowns, two sixpences, and a button—he had paid for a pot of half-and-half with a shilling, about three minutes after I came into the tap-room—he had the beer before he went out, and the waiter asked him for the money—I did not see what he paid for it myself, but the waiter says he paid a shilling—he is not here—that was about seven minutes after he came out of the yard—I did not charge him—my brother-in-law accused him, and I said, "I saw you put your hand into his pocket"—he said, "I did not"—Walsh fetched a policeman, and he would not give the money up till he got to the station-house—he carried it in his hand all the way to the station-house—I charged him with it seven minutes before the policeman came.

Q. Your brother charged you with it? A. Yes—my brother struck him in the tap-room—they both struck one another—the prisoner sat down in the tap-room, and the policeman was fetched—the prisoner produced his money and the button before the officer came—he gave it to Mr. Williams, who returned it to him.

Prisoner. I went and called for half-and-half—I tossed for a pot of beer, which I lost and paid a shilling for—I went into the yard, and in about ten minutes his brother came in and struck me, and said I had picked his pocket—I denied it; he had charged the witness with it at first—we had two or three blows a-piece—a policeman was sent for—I gave up the money and button—he swore to the button as soon as he saw it put down, and I saw the place where it had broken off my brace-button—he pretended to show where it belonged to his trowsers—there was an iron shank left there, and he said it had been on there.

JOHN MICHAEL WALSH . I am a bookbinder, and live in Maiden-lane, Covent-garden. On the night in question I was at the Hope, and saw the prisoner and prosecutor—the prosecutor left the room, the prisoner went out afterwards—he came back, and in abont five minutes the prosecutor returned—they were both in liquor—the prosecutor charged him with picking his pocket of 6s.—the prisoner denied it—some blows passed—the landlord came in, and requested the prisoner to produce his money—he said that when he came into the house he had 12s.—the landlord searched his pockets—he produced two half-crowns and two sixpences.

WILLIAM DAWS (police-constable T 152.) I was called in, and took the prisoner in charge—I asked him what money he had about him—he opened his right hand, and there were two half-crowns and two sixpences, a button, and piece of chalk—he gave it up at the station-house—he said it was his own money—he was drunk—I examined his trowsers, and found the right hand brace-button off—the button he produced did not exactly correspond with his own buttons—the buttons on his trowsers were new, and

this was an old one—it was a bone one, of the same description, but rather old—I noticed the prosecutor's buttons—they did not correspond with the one produced—I examined all the buttons on the prisoner's trowsers—there was none like this—the others on his trowsers were all alike.

Prisoner's Defence. When I came out I had 2s.—I met my sweetheart, she gave me 10s., that made 12s.—when they asked me what money I had I said 12s. when I came out; but I had been to several other houses—I had 12s. when I came out of the barracks—if we lose a button we have to make it good.

THOMAS FOSTER . I am a sergeant in the Scotch Fusileer Guards—the prisoner has been nine years in the regiment, and bore an excellent character for honesty—I am pay-sergeant, and I know his character well—if a soldier loses a button off his dress he is bound to furnish another—it does not matter, if it is out of sight, if it is not exactly the same pattern—they wear bone buttons without a shank—this is such a button as he would be allowed to have.

JANE HEWITT . I have known the prisoner four years. On Sunday the 26th of April, I met him at six o'clock in the evening, and gave him 10s.—I left him at half-past nine o'clock, and cannot say what he spent—I gave him three half-crowns and 2s. 6d.


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