Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 04 October 2023), February 1839, trial of EDWARD KELLY JAMES ALLNUTT (t18390204-685).

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EDWARD KELLY, JAMES ALLNUTT, Theft > housebreaking, 4th February 1839.

685. EDWARD KELLY and JAMES ALLNUTT were indicted for feloniously breaking and entering the dwelling-house of William Fowler, on the 17th of December, and stealing therein, 2 gowns, value 1l.; 4 shifts, value 16s.; 7 handkerchiefs, value 1l. 9s.; 2 shirts, value 6s.; 1 pair of boots, value 5s.; 1 pair of bracelets, value 5s.; 1 eye-glass, value 6s.; 1 night-gown, value 5s.; 1 hat, value 4s.; 1 miniature and case, value 14s.; 1 jacket, value 16s.; 1 pair of trowsers, value 14s.; and 1 waistcoat, value 10s.; his goods.

MR. PAYNE conducted the Prosecution.

JANE FOWLER . I am the wife of William Fowler, and live in Brewer's-row, Brewer's-green, Westminster—he is a messenger at the Globe Insurance-office. On the 17th of December, about a quarter before five o'clock in the afternoon, 1 left the house, leaving my son in it—I left all the drawers shut, but not locked—the key was inside the bottom drawer—the room doors were not locked—I fastened the windows—I came home a little after ten o'clock at night, with my son and husband—my son opened the street door, and when we got into the parlour the drawers were all open, and a candle which I had left in the room was burnt out—I had not left it burning, but it was gone—I missed the things stated—(looking at a handkerchief)—this is my handkerchief—I had left it in a small drawer—I know it by the hemming, which is much paler than the handkerchief itself—it was marked, but the mark has been picked out—I have had it three years, and am sure of it—I did not hem it myself—the outer door was not broken open, nor any door.

FREDERICK FOWLER . I am the prosecutor's son. I went out five minutes after my mother, and shut the street door after me, I am sure—it has a spring lock, and catches without locking—I took the key with me—when I came back at night with my mother, I found the door fast as I had left it—I unlocked it, went in, and missed the things—this is my hat—(looking at it)—I had had it two months—it was left in the house when I went out—I know it by two marks on it, which were done in the park one Sunday afternoon, and also by a piece of paper which the maker put inside under the lining, to make it fit as it was too large—it is still here.

Cross-examined by MR. PRENDEROAST. Q. What are the marks on the hat? A. Like two finger marks—it was done with an iron railing.

Cross-examined by MR. DOANE. Q. Did you find the door in the same state as you left it? A. Yes.

WILLIAM BRIMER PYOTT . I am shopman to Mr. Richards, a pawn-broker, in Bridge-road, Lambeth. This handkerchief was pawned, with a little cotton frock, by Mary Allnutt, on the 27th of December, for 2s.

MARY ALLNUTT . I am just ten years old, and am the prisoner's daughter. I do not remember going with this handkerchief to Mr. Richards's—I used to go with my mother's things to pawn—I do not know the Lord's Prayer—people who tell lies go to hell—I never received a handkerchief from my father—I do not know that I ever carried this handkerchief to the pawnbroker's for my mother or any body.

Q. You have heard the witness say you brought this handkerchief and a frock; is it true or false? A. I do not know—I have taken things to him—I did not take the handkerchief and receive any money from him.

W. B. PYOTT re-examined. That is the girl who pawned the handkerchief and frock with me—I did not ask her who she brought them from, as I had known her father and mother some time—I always understood

her to be the 'prisoner's daughter—she pawned it in the name of Am Allnutt, Felix-street.

JAMES BROOKS . I am a policeman. I took Allnutt into custody 01 Sunday, the 6th of January, in Elliott-row, St. George's-road—he lives in Felix-street—when I took him he dropped nine keys, which I picked Up—five are skeleton keys—one of them opens the door of the prosecutor's house—I went the same evening to a house in Duck-lane, Westminster, which Collard pointed out to me, and found this hat on the bedstead.

Cross-examined by MR. PRENDERGAST. Q. Did you not take another person into custody? A. There was a lad, named Smith, apprehended with the two prisoners, who claimed the hat at the police-office, but at the next examination, he denied knowing any thing about it—he was not taken on this charge.

RICHARD COLLARD . I am a policeman. I know that Kelly lived in Duck-lane, Westminster. I pointed out the house to Broods, and saw him go in, and bring out a hat.

Cross-examined by MR. PREHDERGAST. Q. Do you not know that the other person who was apprehended lived in the house also? A. No—I have known the house three or four years, and never saw the other person there—I do not know him—that person did say the hat was his in my hearing.

CHARLES BURGESS GOFF . I am a policeman. I took Kelly into custody in Elliott-row, St. George's.

NOT GUILTY .