Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 27 November 2021), February 1842, trial of SAMUEL HASLAM WILLIAM HENRY FERNLEY GEORGE FERNLEY ELIZABETH ANN FERNLEY ABIGAIL DESOIZA (t18420228-1019).

SAMUEL HASLAM, WILLIAM HENRY FERNLEY, GEORGE FERNLEY, ELIZABETH ANN FERNLEY, ABIGAIL DESOIZA, Theft > burglary, Theft > receiving, Theft > receiving, 28th February 1842.

1019. SAMUEL HASLAM and WILLIAM HENRY FERNLEY were again indicted for burglariously breaking and entering the dwelling-house of John Oliver, about 1 o'clock in the night of the 28th of January, at St. George, with intent to steal, and stealing therein 1 coat, value 1l. 10s.; 2 table-cloths, value 3s.; 24 knives, value 1l.; 24 forks, value 1l.; 18 shells, value 3s.; 1 pair of sugar-tongs, value 10s.; 10 spoons, value 20s.; 2 salt-cellars, value 1s.; 1 shift, value 2s.; 2 towels, value 1s.; his property: and 1 pair of boots, value 1s., of John David Oliver;—and GEORGE FERNLEY and ELIZABETH ANN FERNLEY , for feloniously receiving the same, well knowing them to have been stolen; against the statute, &c.;—and ABIGAIL DESOIZA , for feloniously receiving 2 table-cloths, part of the said goods, knowing them to have been stolen; against the statute, &c.

MR. DOANE conducted the Prosecution.

CHARLOTTE OLIVER . I am the wife of John Oliver, of No. 31, Collet-place Commercial-road, in the parish of St. George's. On Friday night, the 28th January, I went to bed about eleven o'clock—I was the last person up—the house was safe—the back parlour shutter was not shut, because we could not shut it, the hinge being broken—it was an outside shutter—the window was down but not fastened—about six o'clock in the morning (barely six o'clock I heard the front door slam, and my husband hastened down—as soon as could get something on I went down and found the back parlour window open—there are gardens which run all along the backs of the houses-knew was a ladder at the back parlour window, which had been brought from the next house but one—I missed Mr. Oliver's great coat, a dozen table and dessert knives and forks, some shells, six silver spoons, a pair of sugartongs, a pair of boots, and two table-cloths—worth about 10l. altogether.

WILLIAM ROWLAND DANIEL . I am shopman to Mr. Hawes, a pawnbroker in the Whitechapel-road—I produce six dessert knives and forks, pawned on the 29th of January, about twelve o'clock, in the name of Ann Bennett, by, I believe, the prisoner, Elizabeth Fernley—I have some idea Of seeing her at the shop, but have no recollection of taking these things of her—I have seen her frequently at the shop.

JOSEPH GREGORY . I live with Mr. Dexter, a pawnbroker, in Whitechapel-road—I produce six table-knives and forks, pawned on the 29th of January, about five o'clock, in the name of Elizabeth Bennett, No. 14, Dog-row—I cannot say who by.

EDWARD RUBERRY . I am a pawnbroker, and live in the Bethnal-green-road—I produce two table-cloths, pawned on the 2nd of February, in the name oi Ann Bennett, for 2s.—I think it was by the prisoner De Soiza.

Cross-examined by MR. PAYNE. Q. You are not sure of her? A. Not Exactly.

COURT. Q. Do you think it was her, from recollection of her person? A. Yes—I would not exactly swear to her.

ROBERT GEE (police-constable K 179.) On the 3rd of February I went to a house in Lamb's-gardens, and found De Soiza and the Fernleys in the house—George Fernley came in while I was there—I found in the house some shawls, two saltcellars, a shift, pillow-case, and two towels—they were on the sideboard, in the first room—I have a pair of boots, which I took off William Henry Fernley's feet—he said he had them given to him by Charles Bennett—I asked how they accounted for the property being in the house—De Soiza said a young roan named Bennett, who kept company with a young woman named Fernley, brought these things home towards house keeping—on—the 8th of February, I took Haslam at this very house—I found him on the bed—he said ha knew I wanted him—I found a pair of boots on his feet—I took them to the gardens at the back of Collet-place that day, and found foot-marks at the back of No. 25, which corresponded with the marks made by the boots I took off his feet—there are two rows of nails, which have been worn since the impressions were made—I made fresh marks with the boots to see that the impression was correct—in consequence of something Mary Douglas, the female searcher at the station, said to me, I went with Gowran to No. 7. Old Castle-street, which is at the bottom of Wentworth-street—I there found a box locked—Mrs. Thomas gave me the key—I opened the box, and found in it a great coat which I produce.

Cross-examined by MR. HORRY. Q. Were there other articles in the box? A. Yes—I afterwards went again, and found a pencil-case, belonging to another person—Elizabeth Fernley was in custody before the 8th—she was taken on the 3rd.

Haslam. At the examination he swore that the nails in the boots corresponded with the marks in the garden—I do not think there are any nails in the boots—(the boots being examined, had a quantity of nails in them.)

MARY DOUGLAS . I am the wife of Robert Douglas, a policeman of the K division—the prisoner, Elizabeth Fernley, was brought to the station on the 3rd of February—I searched her, but found nothing relating to this inquiry—while I was searching her she said she would give me half-a-crown if I would go to Castle-street, at the bottom of Wentworth-street,

and tell her father to send the coat, silk handkerchief, and two shawls out of the house—she said, "What I brought there"—she said her father was a fellowship-porter—she did not know the number of the house—she said nothing about a key.

Elizabeth Fernley. I said I had taken the coat to my father's on the previous week—I did not wish him to get into trouble, as the things had come wrong, and to avoid danger, I wished her to go—she tried what else she could get from me.

MARY THOMAS . I am a widow, and live at No. 7, Old Castle-street, Whitechapel. On the 8th of February, the policeman came to my house, and went into the room which George Fernley rented of me—the key of the box was left on the shelf, where I found it and gave it to the officer—it was George Fernley's box—I saw the policeman find the great coat in it.

COURT. Q. Had you seen Elizabeth Fernley go there? A. She never was inside that house—she never came there to see her father—she has sent the boy to see her father, but I never saw her there.

CHARLOTTE OLIVER re-examined. These boots—(looking at those found on William Henry Fernley)—are my son's boots—his name is John David Oliver—they were lost on the night in question—this great coat is my husband's—I had mended it just before—the two table-cloths produced by Ruberry are ours, and have our name on them—the rest of the property belongs to us—the knives, forks, and shawls, and towels—I have not recovered all the property.

Haslams Defence. It was intimated in the last case, that I and Elizabeth Fernley lived together as man and wife, it is false; I had been acquainted with her for some months, and the property brought into the cottage, I brought there; she placed the greatest confidence in. me, and thought I came by it honestly; we were short of money at times, and I told her to pawn the things; I took the cottage myself, with the idea of our being married, but the rooms being small, and not liking it, we said we would wait some time, and take another; the coat was among some property brought to the cottage; I said it was no use, and told her to sell it; she took it to her father, and thinking she came by it honestly, he said he would purchase it; the boots Williams had on, I gave him, as he was in want of a place, and friendless; I took him to the cottage, and said I would always be a friend to him, if he was a good boy; he did not know how the property came there.

William Henry Fernley's Defence. Haslam gave me the boots on Sunday.

HASLAM— GUILTY . Aged 21.

E. A. FERNLEY— GUILTY . Aged 23.

Transported for Life

WILLIAM HENRY FERNLEY, GEORGE FERNLEY, JAMES FERNLEY, and DE SOIZA— NOT GUILTY .

(There were four other indictments against the prisoners.)