Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 05 October 2022), December 1852, trial of JOHN ANDREWS (t18521213-97).

JOHN ANDREWS, Violent Theft > robbery, 13th December 1852.

97. JOHN ANDREWS , robbery, with violence, on Mary Way, and stealing from her person 1 handkerchief, 1 basket, and 16s. in money; the property of George Way.

MR. ROBINSON conducted the Prosecution.

MARY WAY . I am married—my husband is a private, in the Coldstream Guards—on 15th Nov., between 2 and 3 o'clock in the afternoon; I was at the Wheatsheaf public house, in the Edgware-road—when I went in, the prisoner was there lighting a fire, and smoking a pipe—a friend of mine, Mrs. Mullins and her husband were with me—we had three pints of porter between the three of us—I gave the prisoner a pint to himself; I thought he was in want of it—he was in the room before we went in—I did not know him before—I had a basket with me, in which there was 16s. and a handkerchief, and I had a purse in my bosom with 4s.—the 16s. was in half of a handkerchief; I put it there to give my mother, for the keep of my child—I took it out of the purse, tied it in the handkerchief, and put it in the basket, while I was at the public house; the prisoner saw me do that—I left the public house

between 4 and 5 o'clock, with Mrs. Mullins and her husband; they left me shortly after I got out; the prisoner followed me out directly; I crossed the road, and he told me he had been out of work a long time, and would I oblige him by giving him 1s. or 6d. the was very hard up—when I left Mrs. Mullins, in Princes-street, she went one way and I the other—I came back the same way, and went towards my home—I wanted to get rid of the prisoner—* I live at No. 7, Broadley-terrace, Alpha-road—I did not go with Mr. and Mrs. Mullins more than ten or twelve yards; I was not five yards from the public house when the prisoner asked me for the 1s. or 6d.—Mr. and Mrs. Mullins were on before me, and I went after them—the prisoner followed me, and asked me to give him 6d. or 1s., to take him home—I said if I knew him to be hard up, or out of work, I would give it him, at the same time I said, "Don't follow me, or I will give you in charge of a policeman"—I had then got about ten yards from the public house; he continued following me up Milner's-mews, and as I came to Harlington-street he snatched my basket from my arm—Milner's-mews comes out into Harlington-street, leading into New Church-street—he pulled the basket out of my hand, broke the handle, and took the money and handkerchief out—I called out for a policeman, and he knocked me down—I called police before the money or basket was taken at all—I wanted to get rid of him, he was following me—he took the money out of the basket, knocked me down, left the basket by my side, and ran away—when he took the basket, before he knocked me down, he said, "I am b—d if I don't have the money, and all"—he struck me in the left breast when he knocked me down—I remained down about 10 minutes—I was not sensible—when I came to myself I found myself at a doctor's shop; I found my basket there, but the money was gone—this is the basket (produced)—I saw the prisoner running away before I fell to the ground—two or three persons picked me up, and asked me to go to a doctor's shop—I went with them, and stopped about a quarter of an hour—I was sensible then—the policemen came round, and I gave information to them and described the prisoner.

Cross-examined by MR. SLEIGH. Q. You did not know the prisoner before? A. No; I never saw him before that day—this was at the Wheatsheaf—I did say it was at the White Lion, but I made a mistake—there is one public house called the Wheatsheaf, and another the White Lion—I had not been in both those houses that day—I am not in the habit of frequenting either of them—I went to the Wheatsheaf on this day with my friends; they asked me—Mrs. Andrews, the prisoner's wife, was not there—there was no other female in the house but me and Mrs. Mullins—I do not know whether the prisoner's wife was there; I do not know that he has got a wife—I have never said that Mrs. Andrews was there—I had nothing but porter; I am not in the habit of drinking anything else—I swear I did not have any brandy; there might have been a pint of ale, but I am not sure—I swear I had no brandy there that day, and the man at the house can prove it—my husband lives in barracks—I got this 16s. on my husband's property—he did not give it me, but I raised it on his property, which I pledged—I did not raise it all on that day—I believe I pledged some things at Mr. Boyce's, Lisson-grove, and some in Chapel-street—I have not the tickets here—I have redeemed some of the things since—I had 20s. that morning, not a sovereign—I had not changed a sovereign anywhere—I never said so—I do not know Henry Burdon (he was here called in)—I did not say in his hearing, on that day after the transaction, that I had changed a sovereign; I said I had a sovereign in silver, but not in gold—I did not say I had changed a sovereign—it was immediately after I left Mr. and Mrs. Mullins that the prisoner

took the basket from my arm—I told him he had no business to follow me, I was a married woman, and did not want him—I did not ask him to go home with me—I should have a gentleman if I have any, and not a man like that; I never ask gentlemen to go home with me—I was not brought up to that; that does not come to my turn yet—the prisoner did not desire me to go away from him—(Emily Abbott called in) I have seen her—I say again, the prisoner did not tell me to go away—he ordered me to go away, when he took my money—when he saw the people coming, he said "Go away"—he did not ask me to go away; he never desired it—I told him to go away.

Q. I thought you said he said, "Go away?" A. When we came round Milner-mews, I said to the prisoner, "You go away"—he said, "You go away," and he would not go away—I did not want the man following me—I did not strike him at all—I swear that—I swear I did not strike him, after he struck me—I did not call out at the time he took the money; I could not call out; but before he attempted to take the money I called out for the police, but he would not go away from me; I screeched out pretty loud—this is the first time I have been in this Court—I have never been in a police office, except on this occasion—if I have been under charge, I have suffered the laws of my country for it—I have been in custody—it was on a charge of stealing—I did not rob a man; he could not prove it, and therefore he did not come forward—I was in custody for stealing money, but I did not steal it—it was in July last—it was not stealing from a gentleman; it was from an omnibus driver.

MR. ROBINSON. Q. What was the result of that charge—were you examined before a Magistrate? A. Yes; I was—I was tried at Westminster Sessions, and acquitted—I was never in custody on any other occasion—I had got the 20s. by pledging my husband's property—I pledged some at Mr. Boyce's, and some at Mr. Reeves', in Chapel-street.

COURT. Q. What were the goods you pledged? A. A scarf shawl for 8s., a gown for 4s., and two rings for 7s.—I call those my husband's property; he paid the money for them.

JOSEPH WALKER (police sergeant, D 5). I apprehended the prisoner on 15th Nov., about half past 6 o'clock in the evening, at the White Lion—I said to him, "I want you"—he said, "I know what it is for"—he came outside the door, and I said, "It is for a robbery, for knocking down a woman, in or near Princes-street, and stealing 16s.—he said, "That is wrong about the money; I merely gave her a push, and put her on her back"—I took him to the station, and fetched the woman—I bad seen the woman before I apprehended the prisoner—that was about a quarter or twenty minutes past 5—she was quite sober at that time—she was just inside the door of the Wheatsheaf public house, in the Edgware-road, crying, and complaining of the robbery, and describing the man—it was in consequence of the description she gave of him that I apprehended the prisoner.

Cross-examined. Q. You searched him? A. I did, and found three halfpence—it was about an hour and a half after the robbery.

HENRY STACEY . I live at No. 4, Church-street, Portman-market. On the evening of 15th Nov. I was at the Wheatsheaf, and saw Mrs. Way there, and the prisoner—about 5 o'clock, or a little before, I saw Mrs. Way, and a young man and woman with her go out, and the prisoner also—they went out all together—after they went out, I saw the prisoner knock the woman down in the road, and run away—that was in Harlington-street—I went out shortly after them—I was about as far from them when he knocked her down as the

length of this Court—I saw that she had a basket in the Wheatsheaf, but I did not see it afterwards—there were a great many persons about at the time, but I did not stop there—a crowd collected and I went away.

Cross-examined. Q. Were you near enough to hear what passed between the prisoner and the woman when this took place? A. I was not; I did not take notice of what was going on—I did not observe any quarrelling—I merely saw the woman fall and the prisoner run away—I saw them in the Wheatsheaf drinking together—they seemed all very jolly and comfortable together, the prisoner was smoking—I did not see any dancing—it was some time after the prisoner and prosecutrix left the Wheatsheaf before I left, some where about half or three quarters of an hour.

COURT. Q. What, half or three quarters of an hour after they went out before you went? A. Yes.

MR. SLEIGH. Q. And you did not see this occurrence in the street until you had left the Wheatsheaf? A. No; this did not take place till they had left the Wheatsheaf for three quarters of an hour.

MR. ROBINSON. Q. Have you been at the Wheatsheaf this morning? A. Yes; I was in the same room with them at the Wheatsheaf—I remained in the same room for the three quarters of an hour after they went out.

JURY. Q. Did you see any money in the possession of the prosecutrix in the house? A. I did not; I did not see her put it into her handkerchief—I was in the tap room—that was the same room where they were sitting—I was smoking my pipe, I was not drinking, they were there before me—I do not know the prosecutrix, I know the prisoner; I cannot say exactly what he is—I am in the habit of going to the Wheatsheaf.

PHCEBE CHATFIELD . I am married and keep a stall outside my door, No. 2, Harlington-street. On 15th Nov. I was standing at my door about 5 o'clock, or a little after, and saw a man knock a woman down just opposite—I cannot say the man was the prisoner, and I never saw the woman before—I know her now by seeing her in Court; it was Mrs. Way—they came out of Milner's-mews, and in the middle of the road she was knocked down backwards—I was about as far off from the prisoner as I am now—I went to her—I saw a basket, when I went to her, as she was lying down; I had not seen it before—when the man had knocked the woman down, he passed by me as I stood at the door, but I could not see who the man was.

Cross-examined. Q. Had you seen them talking together before the woman was knocked down? A. No; the first I saw was the man knock her down—I did not hear her call out police, I had been standing at my door for some time.

EMILY ABBOTT . I live at No. 25, Carlisle-place, Maida-hill, I know Mrs. Way—I knew her before this. On 15th Nov., I was coming down Richmond-street, and saw Mrs. Way have hold of the prisoner in Harlington-street—I was coming through the mews, which was into Harlington-street—I was about two or three yards from her when I first saw her, I heard the prisoner tell her to get away—she said she should not—he then hit her, and said, "Take that you b—r"—there were not many people about when I first saw them—the first thing I saw was two or three persons running down the mews towards the prisoner and Mrs. Way—I went to see what was the matter, and when I got through the mews I saw Mrs. Way having hold of the prisoner—it was not above two or three minutes after she had hold of him, before she was knocked down—there was only just time for him to tell her to get away, and she said she should not, and he said take that you b—r; she was picked up—I called her by name, and she could not answer

me—she appeared insensible—I saw the basket while she was on the ground lying by her side.

Cross-examined. Q. How far did this occur from the Wheatsheaf? A. Not very far; I cannot say the distance—it would not take me five minutes to walk it, it might take me three minutes—this took place in Harlington-street; the Wheatsheaf is in the Edgware-road—I think it was a little after 5 o'clock when I saw this, because it was about 5 o'clock when I left home, and I had to meet a young girl at 6 o'clock—I looked at the clock when I left home—Mrs. Way had a little purse in her hand at the time she was knocked down—I saw it in her hand when she was picked up—I did not see any money—I believe the lid of the basket was a little way open—the purse was like a pocket book; one of these new-fashioned purses—I did not see any handkerchief—I had come from my home very quickly—I did not hear any call of police, as I came along.

HENRY BURDON . I live at No. 3, Portman-place, Edgware-road. On 15th Nov. I was near Milner's-mews, between half past 4 and 5 o'clock, and saw a man and woman come through Milner's-mews—when the man got up to Harlington-street he hit the woman, and then the woman hit the man again, and then the man put his foot between the woman's legs, and threw her down on her back—I did not see any blow given.

COURT. Q. I thought you said that the man struck her, and that she struck him again? A. Yes; that was in Harlington-street.

MR. ROBINSON. Q. You saw the woman go down? A. Yes; I saw her fall down—there was no blow struck then, before she fell—the blow was struck not two minutes before—it was in a different spot from where the blow was struck that she fell down, further off than I am from you—those were the only blows that I saw struck.

COURT. Q. What was the first thing you saw? I saw them coming from the mews, and they were quarrelling together—I thought there was something the matter, and I followed them out of the mews to see what was the matter—I was washing some harness, and followed them out of the mews into Harlington-street—I then saw the man hit the woman, and try to get away, and then the woman hit the man again, and then the man threw her down—that all occurred at the same time.

MR. ROBINSON. Q. Did you see any basket? A. Yes; I first saw the basket after she was picked up—she was in Harlington-street then—it was on her arm, close to where she was knocked down—she was taken from the road on to the pavement—it was on her wrist when she was picked up—I do not know the prisoner; there were not a great many people about at that time; very few at first, but they soon gathered round—I saw the basket on her arm, when she was taken on to the pavement—that was the first time I had seen the basket—she was thrown down in the middle of the road—she was taken from the road to the pavement, and when she got on the pavement I saw the basket on her wrist—as soon as the prisoner had thrown her down he ran away, up Church-street.

Cross-examined. Q. You heard quarrelling going on, before you saw the woman thrown down? A. Yes; for about two or three minutes—I was close to them; they passed by me as I was washing the harness—the basket had two handles to it—it was just on her wrist—when she came to her senses I heard her say she had been into a public house, and changed a sovereign.

MR. ROBINSON. Q. Did she say when she had changed it? A. No;

she said she had been to a public house, and changed a sovereign—she did not say anything about any loss—yes, I think she said she had lost 16s.

COURT. Q. You say she said she had been to a public house, and changed a sovereign—are you able to speak quite positively to the words she used? A. Yes; she did not say she had a sovereign in silver—I am quite sure she said she had changed a sovereign; I cannot be mistaken about it—she also said she had lost 16s.—she did not say who had taken it, she said she had lost it—I am sure she said nothing about its being taken.

NOT GUILTY .