MICHAEL LALLEY.
30th January 1837
Reference Numbert18370130-532
VerdictGuilty > with recommendation
SentenceTransportation

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532. MICHAEL LALLEY was indicted for stealing, on the 17th of January, 1 tobacco-box, value 4d.; 1 half-crown, 5 shillings, and I was pence, the goods and monies of James Callaghan, from his person; and that he had been before convicted of felony.

JAMES CALLAGHAN . I am a labourer, and lodge in Silver-street, Golden-square. On the 17th of January, about 10 o'clock in the morning, I went into the tap-room of the Cock public-house, New-street, St. James's—I called for a pint of beer—I cannot say whether the prisoner was acting as waiter there—I saw him waiting at table—he put his hand into my pocket and took 8s., and a tobacco-box out—I felt his hand in my pocket—I slipped my hand on the outside, and his hand was in my pocket—I was sitting down and he was standing up behind—when he took his hand out of my pocket, he reached his arm out to his companions on the other side of the tap-room, and I think they relieved him of the money—I lost half-a-crown, five shillings, and one sixpence, and a tobacco-box—I did not lose any halfpence, they were in the other pocket—I was sober—I went out to look for a constable—I was away about six minutes, and I was

thinking he might change his mind, and give me the money back again, but he was gone out of the room—I am quite sure I had the money in my pocket, and I was quite sober—I had my elbow on the table, and he called for a cloth to wipe the table, and so he put his hand into my pocket—I did not see that it wanted wiping—he got a cloth somewhere and began to wipe the table—I did not seize him as there were five or six thieves there, and there were knives and forks on the table, I thought they might run me through if I seized him—I asked him for my money, and they began to chaff me and bounce me out of it—one said, "You lost 2s." another said, "You lost 2s. 6d.," another said, "You lost 2s. 9d."—I had been up all night at a wake—I was to go to work early in the morning—I was not going to sleep when I had my elbow on the table—I had not drank much at the wake—we had two pots of beer among five or six—I did not take much there—I do not think I had been into more than that one public-house—they would not allow me to stop all night—the wake was held in Green's court, St. James's, at a private house—it began at eleven o'clock at night, and I dare say it was four in the morning before it closed—we could not get any thing to drink till the houses were opened, at four or five o'clock in the morning—I was walking about the street to wait for the foreman, and the men told me he had gone into this house—the man I went to see, was in the parlour—I did not like to go after him there.

WILLIAM SULLIVAN (police-constable E 120.) I took the prisoner at the Cock, in New Street, which is the most noted house in the parish for the reception of thieves—I told him it was for picking the prosecutor's pocket of 8s. and a tobacco-box—he said he was not the person who took it—that the prosecutor was drunk at the time, and he did not know what he was about—I searched him, and found nothing on him—the prosecutor was sober when he spoke to me, which was the day after.

JAMES CALLAGHAN re-examined. I went to look after a policeman—I could not see one in the street—between my going out and coming in he was gone out of the tap-room—when I came back the second time he was gone—I did not go very far, not out of the street—I did not like to lose sight of the door, as I thought he might run away—I would have charged him if I had seen any policeman about—there was a man went in with me, and had a drop of beer, and he went out again.

Prisoner's Defence. I was sent for to assist in the house—this man and another came and had a pint of beer—the child being very ill, the landlord sent me to the doctor's for some leeches, and when I came back this man was gone—he came in with his face blacked, and asked me to give him the cloth to wipe it.

SAMUEL NEWINGTON (police-constable C 47.) I produce a certificate of the prisoner's former conviction of felony, which 1 got from Mr. Clark's office (read)—the prisoner is the man. (John Kentley, a French-polisher, of Chapel-street, Curtain-road, gave the prisoner a good character.)

GUILTY . Aged 18.—Recommended to mercy by the Prosecutor; Transported for Seven Years.


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