Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 04 August 2020), April 1832, trial of JAMES SCOTT (t18320405-198).

JAMES SCOTT, Theft > simple larceny, 5th April 1832.

1001. JAMES SCOTT was indicted for stealing, on the 14th of March , 1 trunk, value 12s.; 8 gowns, value 3l. 10s.; 2 shawls, value 2l.; 6 petticoats, value 16s.; 8 pairs of stockings, value 8s.; 3 caps, value 6s.; 2 collars, value 5s.; 3 handkerchiefs, value 4s.; 1 cloak, value 1l.; 1 coat, value 30s.; 1 pair of boots, value 5s.; 1 pair of shoes, value 3s.; 3 sovereigns and 9 shillings , the property of Caroline Prescott .

CAROLINE PRESCOTT . I am servant to Mr. Leary, who is librarian to the House of Lords. I had been to see my friends in Cornwall, and returned by the mail, which arrived at a quarter before eight o'clock in the evening of the 14th of March - I saw the prisoner, whom I had seen about the House of Commons and the House of Lords; he came up to me, and asked if I wanted a porter to carry my box, which Contained the articles stated - I gave it him; it had a direction on it to my master; I went to my brother's at the west end of the town - I returned to my master's at ten o'clock at night; my box was not there - I have not seen it or any of the contents since.

Cross-examined by MR. ADOLPHUS. Q. You say it was the prisoner to whom you intrusted it? A. Yes; I saw him again in about a week; he had disguised himself - I said he had not his cap on, but I did not say he was not the man; when I delivered the box to him he had a black waistcoat with sleeves, a plush front, dark trousers, and a seal-skin cap, with a beak to it - it wanted a quarter to eight o'clock when I gave it him; I have known him about twelvemonths holding horses about the House - I did say at first I did not believe him to be the man.

HENRY BROWN . I am a Police-constable. I took the prisoner on the 23rd of March, near the Golden Cross -I looked at him some time, and thought he answered the prosecutrix's description; I then asked him if he remembered the Cornwall coach stopping on Wednesday week; he said Yes; he then asked me if I wanted a coach or a cab; I said, No, but I should like something to drink; I then asked him if he knew Caroline Prescott; he said No - I took him to where she lived, and asked for her - I said to the prisoner, "You had better walk in doors;" he said, "No, I shan't walk in doors," and he shoved his hat further over his face - the prosecutrix then came, and said, "That is not the man;" I said, "Don't be in a hurry, take a good look at him;" the prisoner then said, "Oh, I will go in doors" - when he got into the front-parlour, I desired him to take off his hat, andthen she said, "Yes, that is the man, but he wore a cap instead of a hat, and it was a dark cap with a leather front" - I took him to the station-house, and went directly to his lodgings, where I found this cap and comforter - the prosecutrix said this was the cap he wore, and he had a comforter round his neck.

Cross-examined. Q. How often did you go before the Magistrate? A. We had three examinations - the Magistrate said there was no case against the prisoner, but we might go before the Grand Jury if we liked; we went, but the Grand Jury at Westminster Court had broken up - the prosecutrix described the prisoner as wearing a black plush waistcoat, with sleeves, a cap with a beak, and black or blue trousers; she did not mention a comforter till this was found.

CAROLINE PRESCOTT. The cap and comforter answer the description of those he wore, but I cannot swear to them - I swear he is the man.

The prisoner's Counsel called -

CATHERINE WILKS . The prisoner lodged eight months with me in Charles-passage, Hungerford-market - he attended at the Golden Cross back gate. I remember that on the 14th of March he had ancle boots on, white stockings, knee breeches. a yellow striped waistcoat, a fustian jacket, and a hat - this cap was found in his box, but I told the officer I never saw him wear it.

COURT. Q. What dress had the prisoner on the 16th? A. I believe the same dress - it was his general dress; he never wore a cap in my house; I cannot tell why he had a cap which he never wore - I have seen him wear it once or twice on a Sunday; I have seen him with the comforter round his neck.

MR. ADOLPHUS. Q. Did you ever see him in possession of a black waistcoat? A. Never, Sir, he has not got a black or a blue waistcoat.

SAMUEL KINGSLEY . I live with Mr. Jones, a surgeon, in the Strand - I am a fellow-townsman of the prisoner's. In the afternoon of the 14th of March, I saw him from three to four o'clock; he is a porter at the Golden Cross- he never holds horses at the House of Lords - on the 14th of March he had ancle boots on, white stockings, corderoy knee-breeches, a striped waistcoat, a deep hat, and a fustian jacket - we went to the Coach and Horses, and had a pint of beer; we were together half an hour, or not so much - he had no comforter on that day; I have seen him wear such a cap as this two or three times, on a Sunday, when my sister and I have been at his lodging, but I never saw him at work with it; I had seen him a day or two before, with a black plush waistcoat, with sleeves, but not dark trousers - there has not been ten days since he has been in London, that I have not seen him.

COURT. Q. It does not take a man long to change his dress? A. No - I did not know where he was at seven o'clock that evening; I remember the 14th of March, as it was a very wet day - I was remarking to him about his having his breeches on, and I thought trousers would have been more proper.

JURY. Q. Did you never see him in the week day with a cap on? A. Yes, with an old cap, which is here now, but not the one produced by the officer.

JOHN GOODHAND . I am coach-washer at the Golden Cross - I have known the prisoner for the last seven months; he was employed there every day up to the time he was taken. I saw him on the 14th of March there - he had a hat on, a fustian jacket, and knee-breeches, which was his general working dress; I saw him as late as seven o'clock that evening - I never saw him in a pair of dark trousers in my life.

COURT. Q. Did you ever see him with this cap? A. I did the morning he bought it, but I never saw it on his head; I have seen him with this old cap - I have seen him wear a comforter, but I do not know whether it was this or another.

GUILTY . Aged 23. - Transported for Seven Years .