5th July 1847
Reference Numbert18470705-1582
VerdictsNot Guilty > unknown

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1582. BENJAMIN DREW was indicted for feloniously assaulting Mary Ann Boucher putting her in fear, and stealing from her person, and against her will, 1 shawl, value 6s.; her property.

MARY ANN BOUCHER. I am single, and live at 8, Devonshire-buildings, Shoreditch—on Monday, the 22nd of June, at a quarter-post two o'clock, I met the prisoner—he asked me where I was going—I said, "Home"—he said he would go with me—I said, "Very well"—we turned down Essex-street in Kingsland-road—he said he had no money—I said, "Then you can't go home with me"—he directly said he would, or he would have his will of me, and he knocked me down directly, took my shawl, and ran away with it—as soon as I could get up I saw the prisoner running and a policeman—the policeman had the shawl under his arm—this now produced is it—I am quite sure of it.

Cross-examined by MR. BALLANTINE. Q. He said he would have his will of you? A. Yes, before he knocked me down—he did not hit me hard—it was with a push on my bosom—it did not hurt me—he snatched my shawl off, and ran away with it—as soon as I got up he was away, with the police-man after him—he dropped the shawl—I did not ask him to go with me—(the witness's deposition being read stated, "I asked him to go home with me")—I do not know exactly whether I did ask him to go home with me or not—when he said he had got no money he said would have his will of me—I did not say I would have my will of him—I did not put my arms round his neck, nor into his pocket, nor get near his pocket—we were very close together—after he was taken into custody he said, "Ah, you never said anything about the shilling you stole from me"—I was searched at the station—he did not say, "If you will not give me the shilling I will take your shawl"—I had had a drop, I was not to say quite sober, nor yet drunk—this was between two and three o'clock in the morning.

JOHN SAYER (policeman.) I saw the prisoner and prosecutrix walking together—the prisoner had his arm under shawl, seemingly very loving—they walked up to a door, stood eight or ten minutes, then returned towards Kingsland-road, when I saw him Knock the prosecutrix down, and take her shawl off with his left hand and run away, I ran after him—she cried, "police! stop thief! you have got my shawl!"—I said I knew he had, for I saw him steal it—I saw him drop it—I ran round the corner, about thirty yards farther, and took him—this is the shawl.

Cross-examined. Q. How did he knock her down? A. With his right hand—I was not twenty yards off—I was able to see it very distinctly—he hit her somewhere on the breast—I cannot say whether it was with his double fist—it appeared to be done violently, so much so that he knocked her down—they were walking before—he did not go any distance from her to strike at her; he struck at her, and down she went—it appeared to be with all his force—after he was in custody he said that she did not say anything about talking the shilling out of his pocket—she said, "I did not, and you nothing found on her but a halfpenny"—2d. was found on him—I had never seen either of them before, to my knowledge—they had both been drinking a little—I cannot tell whether she was sober or drunk—she seemed more flurried than drunk—I knew she had been drinking by the smell of her breath—she walked alongside of me, close to me.


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