JOHN CONDELL.
2nd January 1837
Reference Numbert18370102-459
VerdictGuilty > unknown
SentenceTransportation

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459. JOHN CONDELL was indicted for stealing, on the 15th of December, one £5 Bank note, the property of James Gordon, since deceased, from his person.

THOMAS CHESHIRE . I was an officer. I took the prisoner into custody, and was pretest when James Gordon was examined—heis since dead.

JOHN TRAYNOR . I am clerk to Aaron Levy, of High-street, Rochester. On Thursday, the 15th of December, I was in Oxford market—I came to town with James Gordon and several others—I saw him receive a £5 note and some sovereigns from Captain Kemp, in Oxford he was in the act of handing a £5 note to me, when the prisoner rushed in between him and me, and snatched the note out of his hand—I followed him to the door of the market-house with the deceased, but one of his associates collared me, and knocked me down, and struck me—he is now in the House of Correction—Gordon is dead, and I attended his funeral—he was discharged from the service for ill health, and through losing his money it brought on his death.

Cross-examined by MR. PAYNE. Q. What is Mr. Levy? A. A slop-teller and dealer at Rochester. Gordon did lot come up is custody—Levy advances money to soldiers—I did not know the prisoner before—I did not collar the prosecutor, and demand the money—I had no occasion—he was in the act of giving me the money, when the soner rushed up and took it from him—it was between twelve two o'clock, in the inner apartment of Oxford-market, which is allotted for the payment of invalids—the office was pretty full of soldiers—I saw the prisoner again between three and five o'clock—I did not take him to a public-house—I went to the White Hart—I do not know what became of Gordon—I stopped to get the money for other soldiers—I next saw in the White Hart—I got information he was there, and went after the prisoner—I found him there, and Gordon—Mrs. Flannery was in the tap-room—I said at the same public-house all night with Gordon—I went with the prisoner to the office, and brought Gordon, back, as he had no money—I

took him down to Rochester, and he died there—I saw him before he died—the prisoner could not be receiving a pension—I know nothing about him.

THOMAS THORPE (examined by MR. PAYNE.) I am the corporal. Q. Did you hear the prisoner say he had the £5 note? A. I saw him take one as I was on duty—Gordon and I afterwards went to ft public-house, and the prisoner came in while I was there—I said to the Gordon, "This is the man that took the £5 note from you"—he called me a d—n liar—I up with my fist and knocked him down—after that he attempted to make his escape across the road—I followed, and brought him back by the collar to the house—I said, "You shall not go out of this house till you give up the note"—he said be would not give it up till the pensioner gave him 30s.—Gordon said he had no change, and he did not owe him 30s.—I do not think I said that before the Magistrate—I was fetched in a violent hurry—I was in the hospital a week after, through the ill usage I got from the prisoner—he went out a second time—I went and fetched him back,; a man named Langdon came in, and the prisoner said, "Here is that d—d corporal, he has brought me back; why don't you give him a good hiding?"—I was at the door at the time, and then one of them came and knocked me out of the door—I fell on my head, and there were three or four of them on me—the prisoner was one of them—I do not think I said that before the Magistrate.

COURT. Q. Is the prisoner the man who took the note? A. Yes—I have no doubt of it—I was inside at the time—there might be forty or fifty invalids coming to receive their pensions—Traynor ran after the prisoner, and Langdon knocked him down.

THOMAS CHESHIRE re-examined. I took the prisoner into custody, between four and five o'clock, in Oxford-street, close by Oxford-market-the—row took place in a house in Oxford-street, but directly Flannery pointed out the prisoner, she told me the prosecutor was at the White Hart—I took the prisoner there, and went and found the prosecutor lying asleep—I took Gordon to the station-house—I heard the prisoner say to Gordon, "Do you mean to say that I stole the note?"—he said, "You did steal it," or "you did not give it to me"—he made some reply, but I did not exactly catch the words—the prisoner said he had got the note to take care of, and I should not have it.

MR. PAYNE to JOHN TRAYNOR. Q. Do you mean to swear that the prisoner and Gordon were not acquaintances? A. They were not—the de-ceased was twenty years in the East India service—I am a pensioner from the 87th regiment—I do not know that the prisoner was a sergeant—I know Sergeant M'Coy—he came up to get some pension—the invalids come up once a month, and there are often many hundreds of people who try to get the money from these men, when they get drunk.

CATHERINE FLANNERY (examined by MR. PAYNE.) Q. Did you see any scuffle in which the prisoner lost his hat? A. Yes, in a public-house in Oxford-street, close by Blenheim-steps—the prisoner went away after that—he came back again in less than an hour—I met him with a hat on—he came to the same public-house.

WILLIAM BLACKMORE . I am a pawnbroker. The prisoner came with another man, and bought a hat on the 15th—he gave me a £5 note—I gave him change.

Cross-examined. Q. Did he put his name on it? A. Yes—I do not know what it was—I have not the note—I will not swear it was not the name of

Condell—our shop is in Berwick-street, about five minutes' walk from the market.

MR. PAYNE stated, that the deceased was acquainted with the prisoner, and had promised he should have a £5 note to take care of for him, and that Traynor wanted to get the money from him; and the prisoner, in presance of the agreement, took the note out of his hand, and walked of with it, that Traynor might not get it.)

Prisoner. At the time he gave me the note in my hand Traynor was it receiving some money, and M'Coy was by at the time.

THOMAS THORPE re-examined. Q. How far from the pay place was it that you knocked down this man? A. About a hundred or a hundred and fifty yards off, where he had the money, and I brought him back to that house—I have no reason to believe that he was authorized to take this money from Gordon—he did not say he meant to let them have the money—he asked me if I knew the man that stole the money from him—upon my solemn oath, he asked me that.

(The prisoner received a good character.)

GUILTY . Aged 52.— Transported for Seven Years.


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