Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 29 January 2023), March 1839, trial of JAMES COX (t18390304-928).

JAMES COX, Theft > pocketpicking, 4th March 1839.

928. JAMES COX was indicted for stealing, on the 16th of February, 6 half-crowns, and 2s., the monies of Eliza Esther Ann Hawkins, from her person.

ELIZA ESTHER ANN HAWKINS . I lived in Compton-street, Soho, with Mr. and Mrs. Segrave. I am not married, hut live with a person named Benjamin Hawkins, as his wife—I have known the prisoner between seven and eight months—on the 6th of February, about half-past ten o'clock at night, I met him at the Crown and Anchor—we drank together—I changed a sovereign to pay for a glass of rum and water, and got six half-crowns, and three shillings change, which I put into my bag—I do not know exactly at what time we left, but the prisoner told me he had leave till twelve o'clock, and I think it must have been nearly twelve o'clock—in crossing some square, from there to my own house, he persuaded me to go to another public-house to have some other liquor—I do not know the name of it, it is kept by a person named Kendrick—we had a glass of rum

and water there—I cannot say who paid for it—I was sober—my bag was placed on the table, during this time, with the money in it, and two letters, on? from a physician, and one from my mother at Bath, and a pocket handkerchief, which he had lent me in the evening—on leaving, I took the bag up, and found it completely empty.

Cross-examined by MR. PHILLIPS. Q. What is your name? A. Eliza Esther Ann Gibbons—I have been living with Hawkins three years, and have passed by his name—it is not known to my mother or my friends but that I am his wife—I gave the name of Hawkins before the Magistrate, being so generally known by that name it was the first that entered my thoughts—I do not know that I swore I was his wife—Hawkins left me on the 22nd of June—I have not been in the habit of giving the prisoner money to keep—I never gave him any—I never said I did—I paid for what he drank at times—I have gone to the barracks, but never, after the prisoner—he was not very sober when I first saw him—it was not what he had to drink while I was with him that would have made him tipsy—I do not know whether he was tipsy—he lent me his handkerchief about half-past six o'clock—I do not know where—it was at a public-house—it was four o'clock when I first met him, and at six o'clock left him—it was then he lent it to me—I took it by his permission—I told the Magistrate I was the wife of Mr. Hawkins, a grocer in London—that was after I had kissed the book, but I did not understand it, never having been in a Court before—the prisoner appeared to be tipsy after the policeman took him, but not before—when I first accused him, he appeared perfectly sensible, and said he had not taken the bag—he had four glasses of ram-and-water while with me, but he sent for Corporal Morris off guard, and it was drank by three persons—I think he had-three pints of beer besides—I was twice in his company that day—I had not seen him for a month or five weeks before—I used to see him much oftener—I was not at all jealous of him—I inquired at the barracks for a man of the name of Halford, I think—I had not been in the habit of going there—I never should have gone there, but I was taken by a lodger in the house—I never went there to stay—I never went to inquire for Halford but once.—I have been in his company two or three times—I have been as intimate with him as I could be.

REED BENTON . I am a waiter at the Crown and Anchor, in Clarence-street, Regent's-park. On the evening of the 16th of February I saw the prisoner and prosecutrix there—I served them with a glass of rum-and-water—the prosecutrix gave me a sovereign, and I gave her 19s. 6d., change—I do not recollect in what coin.

WILLIAM MOODY (police-sergeant S 8.) I was on duty at the station-house at twenty-five minutes to three o'clock in the morning, and took the prisoner in charge—he said he had nothing about him except a handkerchief—I requested Edmunds to search him, and he found six half-crown a, 4 shillings, 4 sixpences, and 3 3/4 d. in copper, in his breeches pocket—the handkerchief he took from his cap himself—he was very drunk indeed.

Cross-examined. Q. Were there any letters found on him? A. No—be was accurately searched.

JONATHAN EDMUNDS (police-constable S 30.) About half-past two o'clock this morning I saw the prisoner and prosecutrix in Cumberlandmarket, Regent's Park—she charged him with robbing her of 18s.—they

were standing together, and she was crying—the prisoner was very drunk—he denied it, and said he had no property about him but this handkerchief, which he drew from his bosom—I took him to the station-house, and found six half-crowns, four shillings, and four sixpences on him.

Cross-examined. Q. Did he not say something? A. When he was down in the cell be said he had rather be shot. than taken to the station-house.

(The prisoner's Colonel, and several of his regiment, gave him a most excellent character.)

NOT GUILTY .

Fifth Jury, before Mr. Sergeant Arabin.