4th March 1839
Reference Numbert18390304-885
VerdictGuilty > unknown

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885. JOHN ELLIOTT, alias Nathan Nathan, was indicted for stealing, on the 22nd of February, 1 handkerchief, value 3s., the goods of Francis Oxley, from his person.

FRANCIS OXLEY . I am a wine-merchant, and live in Cross-lane, St. Mary-at-Hill. A little before three o'clock, on Friday afternoon, the 22nd of February, I was passing through Rood-lane, and missed my handkerchief—I perceived the prisoner close by me, on my left-hand side—I suspected him, but not liking to charge him with it immediately, I stepped aside, let him pass, and saw him endeavouring to get my handkerchief into his pocket—I made a spring at him, and he dropped it, and ran away—I pursued him, struck him with my umbrella, and knocked off his hat—I picked it up, and stuck it on the first post I came to—I cried, "Stop thief," but he turned the corner of Cross-lane, and I lost sight of him—there were one or two others with him—I cannot say whether they were accomplices.

JOHN SAMUEL M'ARTHUR (City police-constable, No. 149.) I was on duty in Thames-street a few minutes before three o'clock on Friday, the 22nd of February, and heard, "Stop thief" cried—I ran in the—direction of the cry, and met the prisoner running without a hat, and four persons following him—I stopped him—he resisted very much, and struck me a severe blow—I was, obliged to send for further assistance before I could take him—a hat was brought by a man who said he took it off a post, and the prisoner owned it as his.

(Property produced, and sworn to,)

Prisoner's Defence. I was passing by Philpot-lane, and two young men came along, and pushed against me—we quarrelled, and I was fighting with one of them—there was a friend of mine behind me, but he did not interfere—I ran away, as they both pitched into me, and knocked my hat off—I did not stop to pick it up, thinking my friend would do that—they hallooed, "Stop him," not "Stop thief"—the policeman stopped me, and asked me to go to the watch-house—I said I would if he would not collar me, but he would, and pulled me along like a dog—I would not go at first, but I did in a minute or two—I never struck him, nor attempted to do so—they went and fetched the gentleman, and the Inspector said to him, "Do you think that is the person?" he said, "No, I do not think that is the person"—the Inspector said, "Step out into the yard"—I did, and then the gentleman altered his mind, and said he thought I was.

FRANCIS OXLEY re-examined. When I went into the room at first it was very dark—I was hardly aware of "any one being present—the Inspector said, "Is that the man?"—I said, "I don't know, trot him out and let me see him in the light"—directly I saw him in the light, I said, "That it the man"—I saw him with the hat on—it was dirtied in the same way as the one I picked up.

Prisoner. It is my hat—I had been in the watch-house full an hour and a half before the gentleman came in. Witness. They did not know where I lived.

GUILTY .* Aged 21.— Transported for Ten Years.

(The prisoner had been previously convicted, and repeatedly in custody.)

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