HENRY DAVID SCOTT.
16th September 1889
Reference Numbert18890916-721
VerdictGuilty > unknown
SentenceImprisonment > hard labour

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721. HENRY DAVID SCOTT (19) , Burglary in the dwelling-house of William Manning Barker, and stealing a musical-box and other articles.

MR. WALKER Prosecuted.

WILLIAM MANNING BARKER . I am a tobacconist, of 155, Essex Road, Islington—on 12th January, on coming downstairs about seven o'clock, I found my premises had been entered, and property taken—things in the back parlour were in confusion, and a marble timepiece, a musical box, a tablecloth, a pair of boots, and two great coats had been taken—when I went to bed the night before the premises were safe; I locked up the shop and back parlour, and took the keys into my bedroom, as I always did—entry was effected through the parlour window at the back of the shop—when I came down the window was wide open, and the door of the room and the door leading into the passage were forced—over-night the window was closed with an ordinary fastening and folding shutters and a drop bar—I communicated with the police—the total value of articles stolen was £23 or £24—I saw and identified the articles stolen—this one was on the mantelpiece of the room.

Cross-examined by the Prisoner. I know nothing about you—I have no remembrance of having seen you before.

GEORGE THOMAS (a Prisoner). I am now serving fifteen months' imprisonment in Pentonville—I was sentenced in February at this Court for breaking into Mr. Barker's shop, 155, Essex Road—the prisoner was with me when I broke in—on the night of the burglary I met him by appointment about six o'clock, outside the Kenilworth Arms, New North Road—he asked me if I would go with him, and I said "Yes"—he said, "I shan't go yet, I am going to the Variety"—between nine and ten I saw him outside the Kenilworth—we went round and had a drop of beer; he came to my place, 13, Rotherfield Street, Essex Road—I went indoors and got a sack; I joined the prisoner, and we went inside and had some beer—we went up the court, and got over the wall, and into the place—that was on 12th January, between two and three—a court runs up the side by this shop, and we got over the wall, and into the tobacconist's

shop—Scott put the catch of the window back, and I opened the window, and we both pushed the shutters and got in—we selected cigars and whatever we could get, and made three bundles of them, tying them up in the tablecloth and a bag—we came out through the window, and over the wall, and carried the three bundles down to Adelaide Square, where there were a lot of barrows—we put the things on a barrow—besides the things in the bundles, we took a musical-box, a clock, pipes, a hat, and two overcoats—I put one overcoat on, and the prisoner the other—I pushed the barrow—Scott walked on the pavement—we went to Coleman Street—two policemen came across the road, and we ran away—I do not know the policemen.

Cross-examined. I got on the window-sill to push the shutters back, and you got a broom and shoved with that—I carried the cigars tied up in the tablecloth and the clock—that was one bundle—you carried a shiny bag and the musical-box; the latter was not a bundle—I swear I identify you—they gave me nothing to come up and swear this—they promised me nothing—I always had a respectable character till I came into your company.

GEORGE DOBSON (Policeman N 273). On Saturday morning, 12th January, I was in Coleman Street, Islington, on duty with 280 N, and I saw Thomas drawing a costermonger's barrow, and the prisoner by the side of it, having hold of one of the handles—the prisoner dropped the handle of the barrow, and both ran away—I ran after them, and caught Thomas; the prisoner got away—on the barrow was a bundle containing boxes and bundles of cigars, tobacco, a musical-box, clock, a string tub containing a number of coins, and this photograph case—the musical box was separate from the bundle—they both had long coats on—I did not see the prisoner again till 3rd August, when I identified him from among seven or eight men—I afterwards charged him with this offence, and he said it was not him—when chasing him I saw his face, for he turned round a few yards from the lamp-post, and called to Thomas to come on; he was two or throe yards in front of Thomas—I did not have a very good view when he had the barrow; I saw him better when he called to Thomas, and when I apprehended Thomas.

Cross-examined. You were in the road, not on the pavement—I was on the opposite side of the road—I saw your face before you began to run, but I did not recognise you then—I picked you out at the station about half-past nine, I think.

THOMAS HOPE (Policeman N 280). I was with Dobson in Coleman Street on this morning, and saw Thomas and the prisoner coming with a barrow—Thomas was drawing it, and the prisoner walking by the side; he appeared to have hold of a handle—I was on the opposite side—we stepped into the road, and the prisoner dropped the barrow and ran away—we gave chase—I was within a yard of the prisoner, and I fell; when I got up he was gone—I had a good view of him; he turned round as he turned the corner—I had seen him in the neighbourhood of New North Road a few nights previously, and knew him by sight—I afterwards gave a description of him.

Cross-examined. I identify you—I was on the pavement when I saw you—you were on the opposite side, close to the pavement—I saw your face when you turned into Ann Street, and I fell down; I was close to you then—I saw you before I fell down, I got a good view of you as you

turned the corner—I knew you by sight—I identified you between nine and ten, I was waiting some time.

ALFRED DYKE (Detective Officer N). I arrested the prisoner on 3rd August, and charged him with breaking into this house—he said he knew nothing about it—I took him to the station, placed him with seven others; Hope and Dobson at once picked him out—I was present when a copy of this notice that Thomas would be called as a witness, was served on the prisoner in prison.

Cross-examined. I took you to the station about half-past nine, and it might have been about ten when the constables identified you.

The Prisoner's statement before the Magistrate. "I am innocent of this. I was in custody, and tried at the same Sessions as Thomas; why was I not tried then?"

Witnesses for the Defence.

WALTER SCOTT . I live at 33, Cathcart Street, Kentish Town Road, and am a journeyman coach-painter—I am your elder brother—on 9th, 10th, 11th, 12th, and 13th January you were at home sleeping along with me at 4, New North Street, Theobald's Road—you slept with me till 14th January—on 16th January you were at Holloway, I believe—you were working for Mr. Peacock, a coach-builder—you went away on 14th January.

Cross-examined, He had slept with me for months in the same bed—both our parents are living; our father is our stepfather a letter came from the prisoner on 16th, saying he was in custody—I was given to understand he was tried in this Court; I was laid up at the time—he came out on 3rd August, and I heard on the Sunday he was arrested again—I heard him charged at the Police-court—I did not give evidence, because none was required—I heard Hope say my brother was in Thomas's company on the morning of 12th January in Coleman Street—I knew it was false—I offered myself as evidence—they only took my stepfather's evidence—no one else was required—the Magistrate asked my brother if he desired to call evidence, and he said his mother, father, and brother were there, and he desired to call them—I wanted to give evidence; I was not required—my stepfather did not say he did not know where the prisoner was on the night of the 10th; he did not say he knew nothing about the case—I said to the gaoler "I want to give evidence"—he said, "You will be required in a minute or two"—I remained in Court till the committal—I was surprised I had not been called; I only expressed my surprise to the people at the back of the Court listening to the case—never knew Thomas—I had never seen, him previous to 10th January—my brother came home every evening—I spent the evening of the 9th, 10th, and 11th January with my brother—I have not been in the Kenilworth since 1881—my brother was not wearing an overcoat, but a little black jacket—he had an overcoat, but it was at home at this time.

ELIZA SCOTT . My husband is a coach-smith—we live at 33, Cathcart Street, Kentish Town—I am your mother; your proper name is Henry David Reynolds—I have married again, and you took your stepfather's name—you were never away from home till the 14th January—we then lived at New North Street—you never slept out one night till after 14th—you had to go through our room to your bedroom—you left on 14th January to go to work, and I next heard of you on 16th by letter from the House of Detention.

Cross-examined. I was at the Police-court—I did not hear the case tried; I was just inside the door, and I could not tell you what was said—my husband said he did not know the date; I did not know the date—I did not hear my husband say he did not know where the prisoner was on the night in question.

Evidence in reply.

GEORGE DOBSON (Re-examined by the COURT). I saw the two men at five minutes to six a. m.

THOMAS HOPE (Re-examined by the COURT). I saw the two men at five minutes to six a. m.

ALFRED DYKE (Re-examined). I was present at the Police-court during the whole time of this charge—when the prisoner was asked whether he had any witnesses, he called his father-in-law, who said he could not prove where the prisoner was on the night of 11th or morning of 12th, for he was not at home that night—he was told to stand down—"Walter Scott was standing about five yards from the box—I did not hear him say a word—Mrs. Scott was there, the prisoner did not call her, she said nothing—she was standing about two yards from her son behind; she could hear quite plainly what the police said—I arrested the prisoner when he was leaving Holloway Prison.

Cross-examined. Your father did not say he was not correct about the dates, he was not asked that question.

The Prisoner, in his defence, said he knew nothing about the matter; and that he had been taken to the Police-court, and the policeman did not identify him.

GUILTY .— Eighteen Months' Hard Labour.


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