Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 08 December 2022), August 1836, trial of JAMES POWELL (t18360815-1808).

JAMES POWELL, Theft > simple larceny, 15th August 1836.

1808. JAMES POWELL was indicted for stealing, on the 14th of July, 1 bag, value 6d.; 1 piece of paper, value 1/2 d.; 1 promissary note, value 5l.; and 1 bill of Exchange, value 100l. the goods and property of Benjamin Lewis Davis.

BENJAMIN LEWIS DAVIS . I am a cattle-dealer, and live in Cardigan-shire. I went to the Sun Inn, at Addington in Northamptonshire—I went to bed—the prisoner was to sleep in the same room—I had a pocket-book which contained the bag with 6d. in it and the notes state, which were for cattle I had sold—I put the property under my pillow—I went to bed between eleven and twelve o'clock, and got up at a little past six—I was out for two nights before—when I got up all my property was gone, but 4 1/2d.; no one else was in the room—my silver watch was gone, and a knife was found in the window where I had left my watch—I had gone there looking after a horse that was taken in the pond, and the prisoner spoke to me in the street and went with me—this is the bill of exchange that was in my hook, I took it of George Jolly.

Prisoner. Q. Was not I asleep when you came to bed? A. I don't know, I left you at half-past twelve o'clock at the bar—I never was tipsy but once in my life, that was years before—I drank no rum and water that I recollect.

Prisoner. It was half-past twelve o'clock when I went to bed, and the landlord proved that he brought him to bed at one o'clock—I slept there the night before—if there was any knife in the room, it was not mine.

WILLIAM TAYLOR . I keep the Sun Inn, at Addington. The prisoner came to my house on the 26th of June—the prosecutor came on the 27th—they slept in the same room—the prosecutor went to bed first—I never saw the prisoner again till I came here—he owned me no money for reckoning—I saw Davis the next morning—I called him at half-past five o'clock—he did not get up—I called him again at six o'clock—he did not get up till seven o'clock—he then proclaimed his loss, and we went to Ball the officer—the prisoner saw me give Davis, on the night before, 13l. all but half a crown.

Prisoner. Q. What time did I go to bed? A. About one o'clock.

COURT. to B. L. DAVIS. Q. What did you do with this 13l. all but half a crown? A. I put it in a bag—I had nearly 500l. in all—I had it inside my small clothes, and put it under my pillow—all the money was taken out 4 1/2d—I was obliged to borrow 5s. of Mr. Taylor, as soon as I got to Northampton.

Prisoner. Q. Did you not have a man taken at Hertford, of the name of William Powell? A. Yes; you told me your name was William Powell.

DANIEL BRANBURG . I am clerk to Barclay and Co., bankers, Lombard-street. I produce a bill for£100, drawn at twenty-one days after date—the prisoner brought it to me for payment three days before it was due—I told him it was not due—he then asked if we could discount it—I refused, not knowing the party.

THOMAS MORLEY . I live at No. 19, King-street, Smithfield. The prisoner showed a £100 bill, on the 1st of July—it was signed "Fincham Diss"—he asked me where the banking-house was—I referred to an almanack, and told him—he talked about going to get it cased on the 1st of July, but it was too late—it was quarter past three o'clock—I saw no more of him till the next day—I then asked him whether he had got cash for his bill—he said it was all right—nothing was said about discount—I never saw him afterwards, till he was in custody.

Prisoner. Yes; I slept at your house. Witness. Yes, on Thursday; but I did not see you—you was in bed before I came home, and the next morning you was gone—you asked me for change for a £5 note—I said I should be short of change—I let you have 2s., and you went away with a young woman.

CHARLES WALLER . I am a City police-constable. The prisoner came to the station-house on Saturday, the 16th of July, and said he had been knocked down and robbed at Kilburn, of £300 or £400; that his pocket-book was inside his coat—I asked where he was the last night—he said in Westminster, drinking in a public-house—I asked if he could tell the parties that knocked him down—he said yes, he could swear to the one who knocked him down—that they took him to a public-house, where there was a woman, who took him to Kilburn, and four or five men followed him—we took a woman and one man before the Magistrate—he then said he should go into the country, as he could not speak to the men—I

said, "They are only remanded for a few days, tell me the No. of the bill you speak of as having lost, or the particulars or I shall lock you up"—he then went with me to the bankers—I told the clerk that he said he had been robbed to a great amount, and I should detain him—I then took him to Guildhall—I searched him and found this bag on him—I found one £5 Bank-note on him, a tobacco pouch, and a duplicate for a saddle and bridle pledged in July.

BENJAMIN LEWIS DAVIS re-examined. I know this bag—it is the bag I lost—it had the sovereigns and notes in it—this£5 note I bought for 25s. of a neighbour of mine after the bank had stopped, as I knew the partners of the bank.

Prisoner. Q. Is there any name or mark on that bat, I have had it three years? A. There is a parting in it, and it has been sewn up by me once or twice—I know the woman that made it.

Prisoner. He was forsworn himself three times—he says he was not drunk—he was as drunk as a man could be—we won 2s. or 3s. worth of rum and water of the landlord in tossing—I was drinking there all day.

WILLIAM TAYLOR re-examined. Davis was not drunk.

GUILTY . Aged 36.— Transported for Seven Years.