The Proceedings of the Old Bailey
24 October 1815.
Ref: t18151025-12
Trial of WILLIAM EATLEY.
Theft : pick pocketing.
On 18 October 1816 William EATLEY was disembarked from the ship Mariner at New South Wales and forwarded to Windsor for distribution.
New South Wales Government Records. Reel 6005, 4/3495 p 205. www.nsw.gov.au/publications.
Theft with Violence: Robbery.
Trial Summary:
SIXTH DAY. WEDNESDAY, JUNE 4.
First Middlesex Jury - before Mr. Sergeant Arabin.
1129. JOHN DONOHOUGH was indicted for feloniously assaulting John Patrick Holland, on the 6th of April, putting him in fear, and taking from his person, and against his will, 1 coat, value 2l.; 1 waistcoat, value 3s.; 1 pair of shoes, value 4s.; 1 hat, value 18s.; 14 shillings, and 5d. in copper, his property.
JOHN PATRICK HOLLAND. I am foreman to Henry Fisher, a stereotype-founder and printer in ordinary to His Majesty; I live in Charles-place, Parrs-place, Goswell-road. On the 6th of April, about five minutes past ten o'clock in the evening, I was in Turk's Head-court, Green Arbour-court, Golden-lane, St. Luke's, Middlesex; I was going to call on my sister, and instead of passing through the court, as there were some loose girls and young men about the court. I went through a public-house; as I knew the landlord who kept the house, which is a thoroughfare; my sister's door is sixteen or eighteen feet from the door of the public-house; my sister was ill, and I was going to see her - as I passed through the house I asked for the landlord; they told me he was in the tap-room, or something to that effect.
Q. Who told you that?
A. The people in the bar; I did not like the appearance of the people who I saw in the bar - that made me ask for the landlord: as I passed through the house I was stopped by a young man whom I knew from childhood; he recognized me; he shook hands with me, and I passed on to the door, and on putting my hand out to lay hold of the door, the prisoner at the bar took hold of my hat, and took it off - he was at the back of me; I did not notice where he stood as I was going out; he must have stood more to the right of me; he was in the house at the time he took my hat off - he was a perfect stranger to me; I had no recollection of him.
Q. Were there other people with him?
A. I think there was another one, but will not speak positive: I turned round and saw him with my hat in his right hand- it was a drab hat; I seized it with my left hand, and endeavoured to recover it; he called others to his assistance.
Q. In what way did he call?
A. I do not recollect the words he made use of; a confusion immediately took place, and I then struck him once or twice.
Q. He appeared to call for some one?
A. Yes; I struck him; the landlord's son (I believe it was) said to him, "Give the man his hat and left him go; I know his sister - you will get yourself into trouble;" I was then forcibly dragged or carried through a door into the skittle-ground, by five or six persons; there might be more.
Q. Was the prisoner one of those who forced or dragged you?
A. He was one of the party; I do not think he ever left - they forced me on the ground; one held me by the throat, by my handkerchief, which was tied closely round my neck, and they pulled my shoes off; I called for assistance - the landlord came in, and asked what they were about; one of them said, "It is a bl - y lark - we will punish the obstreperous b-g-r." I called to the landlord, knowing his voice perfectly well; I called to him for assistance; he asked who I was, and what my name was: he said he did not know me - I said"I will tell you my brother's name;" he said, "Who is your brother?" I said Eatly; he said, "Oh, you must get out of it the best way you can;" I said "It is very hard to be punished in a relation's house;" he is a distant relation of my wife; he left, and I do not think he had any hand in it; I was much kicked about the hips - I became very weak, and struggled with them; they beat my lips, as they said with the intention of stopping me from hallooing; I received blows in various parts of my body; there were five or six of them on me; I cannot say the prisoner was one of those in the skittle-ground, as it was dark; I could not recognize any face; they took from me my hat, a blue surfont coat, my shoes, waistcoat, and I had at the time 14s. or more in my lefthand waistcoat pocket, and three penny pieces in my other pocket; my waistcoat was torn off, and they scrambled for my money; I was left with my trousers torn. I laid for some short time before I recovered; I then got up, and got out of the door, and when I got up to go to the door they kicked me into the gutter; I said, "I don't care for that, now I have got out;" I knocked at my sister's door, and told her to let me in; I have omitted to say that while taking off my things I said to them,"Don't ill-use me - take what you like;" I was very much ill-used - I could not put my foot to the ground for two or three days. I saw the prisoner again on the 24th of April; the landlord's son had given information, and he was taken on the 23d, I believe; I am quite sure he is the man who took my hat; I pointed him out.
Cross-examined by MR. PHILLIPS.
Q. He took your hat off - at that time was he not perfectly alone?
A. I have not asserted that they were with him then; I cannot say he was alone; I will not swear that he was not; it happened on Easter Sunday.
Q. I believe they were all pretty tipsy?
A. I cannot speak to that; I was perfectly sober: the landlord and his son were looking at part of the transaction.
Q. Do not you know the whole business was a frolic until you hit the prisoner two blows in the face, as hard as you could?
A. I acknowledge I did give him two desperate blows in the face - I stood in my own defence. I consider if a man takes my hat off it is with intent to rob me; that was done in the house, not in the skittleground; I was stripped of my coat and things in the skittle-ground: I have not said that the prisoner was in the skittle-ground, or that he was not; I struck him with my right arm - that was the worst of the two, but I had hold of my hat with my left hand; I struck him somewhere about the side of his face, as hard as I could.
Q. Had he done more to you than just twisted your hat off in a frolic?
A. I cannot call it a frolic, for I was not one of their party; I have given my reason for going through the house - I know it was dangerous to go through even any of the passages leading to the house; there are several ways out of the house; if you had a sister who you understood was laying in a dangerous state, you would run all hazards to see her. The landlord is not here - his son is, who saw part of the transaction.
Q. Did you say before the Magistrate, that you were struck anywhere except in your heel?
A. I did; I have the trousers which I had on; I have not produced them, but they are completely destroyed: I cannot tell whether he was in the skittle-ground - there was one whom I held by the collar; I can describe the dress the prisoner had on; I cannot say what he said when he called out, as there was a confusion altogether.
Q. If he called out, was it not an exclamation at the pain you gave him with the blow?
A. No, it was to call his fellow confederates; I believe the whole of them are most desperate characters; they came to his assistance when he called out; I cannot tell what he called out; I was not more than a yard from him. I have known the landlord twenty years - he came into the skittle-ground: when I speak of knowing him twenty years, the landlord had forgot the greater part of my knowing him, for even with regard to the relationship between my wife and him, when he first received the property of his wife's to take this house, he did not know me; he would not know me in the skittle-ground; whether he did know me or not I cannot say; his son knew me - he saw some of the desperate usage.
Q. Had you drank anything that night?
A. I had been ill all the week before; I had drank part of two pints of porter - that was at the Weavers' Arms public-house, Grub-street; I went there to see the person who keeps the house; I had not been in any other public-house - I had drank one glass of gin and cloves; it is my usual drink - I cannot do without it, for mine is most injurious business; it is necessary to take something - I am positive I drank nothing else - I had not the appearance of a man intoxicated.
WILLIAM BLOWER. My father keeps the Queen's Head public-house, Green Arbour-court, Turk's Head-court, Golden-lane. On Easter Sunday night Mr. Holland came by my father's bar; I was going out into Green Arbour-court; he was seized hold of by Donohough, who took off his hat - I was standing at the door; I looked round and said to him, "Give the man his hat;" with that the other thieves came directly - took hold of me, and said,"If you speak a word I will kick your entrails out;" then they took hold of Holland and pulled his coat off - they took him between the yard-door, going towards the skittle-ground; they pulled off his coat and waistcoat.
Q. Was he on the ground?
A. No, not then; they then pulled off his shoes, then shoved him down on the ground between the yard door and passage, and ran away - then they let me go; I got to my father and told him.
Did you see Holland receive any blows?
A. No; when they let me go, he got up and went to his sister's house - he had neither coat, waistcoat, nor shoes on; they took them away.
Q. Were these young men who you call thieves, in company with the prisoner?
A. Yes, he was in company with them, and with them assisting in pulling off his coat and things.
Cross-examined.
Q. Was your father present at any part of the transaction?
A. No; he was not - I swear that; I heard what the prosecutor has sworn about my father - he was not present at any part of the transaction, and knew nothing of it till I told him.
Q. If Holland has sworn your father was present at any part of it, it is not true?
A. It is not; I did not call out, as they said, if I spoke a word, they would kick my entrails out.
Q. Did you not say before the Magistrate, that you desired them to let the young man alone, because you knew him?
A. I told them I knew his sister.
Q. Did not the Magistrate say, "Then I suppose if it had been a stranger you would not have minded?"
A. I told the Magistrate if I saw any robbery done I would prevent it if I could; my father has kept the house about three years and a half - I was standing at the door when Holland came in; his hat was taken off in the house - he turned round, and caught hold of the prisoner; he did not give the prisoner any blows - I was behind his back; he did not strike the prisoner - he could not strike him without my seeing him.
Q. Is all the rest you have sworn quite as true as that?
A. Yes; Holland did not appear to me to be in liquor - he had not drank in my father's house; the young men had been drinking ale - they appeared high up in liquor.
Q. Had they not been larking about all the evening?
A. Yes, they had; they had been drinking in my father's house about half an hour before Holland came in - Holland's sister lives in Green Arbour-court; he could go directly out of Golden-lane to the court - that is a broad street; he could go into the court without coming through our house - I should not have been afraid to have gone; he did not appear to have been drinking - Mr. Bennett, the Magistrate of Worship-street, told my father he had no occasion to come here; he did not see anything of the transaction at all.
COURT. Q. You did not see Holland strike the prisoner; were you not surrounded by these people?
A. I was surround directly Holland's hat was taken off - there was no violent blows used at all; neither to the prisoner nor the prosecutor.
Q. Had you seen these parties whom you call thieves, at your father's house before?
A. I had seen them in the neighbourhood; they had been to the bar to have a drop of liquor - but never to sit down and stop at our house before; I had seen them before that in company, in the neighbourhood, and at my father's bar.
JURY. Q. Was you in the bar when the prosecutor first came into the house?
A. I was at the door going out to Green Arbour-court; I saw him come in - he had not been in the house long; he came through one door, and was going out at another - he did not stop in the house.
JAMES FORDHAM. I am an officer. I apprehended the prisoner on the 23d of April - I had been looking for him ever since the 7th of April, three or four nights.
SARAH EATLY. My husband is a bricklayer; I am Holland's sister; I had been ill, and under the doctor's hands since November last. On the 6th of April my brother knocked at my door, and as he knocked I heard footsteps running past the house; I let him in; he was without coat, waistcoat, or shoes; he appeared very much exhausted; I took him in - he had a scratch on his face, rather on the lip, and on his left ear; I begged of him to go up stairs; after taking him in, I went to Mr. Blower, the landlord; I saw him with a party round the bar, called him aside, and asked if he knew anything about the robbery; he was very saucy, and very much in liquor; the pot-boy was called, and he knew nothing about it; the son was called, and he knew nothing about it; I said they should hear of it in the morning, and in the morning Mr. Blower came to me.
Cross-examined.
Q. Then the blows have come to a scratch on his lip?
A. Yes, he had a scratch on his lip, and seemed very much exhausted; the son said that night that he knew nothing about it, but next morning he came and acknowledged it.
JOHN PATRICK HOLLAND. I have got none of my property back.
GUILTY. Aged 17. Of stealing the hat from the person, but not with
force or violence. - Transported for Life.
BENJAMIN MAWLEY, SAMUEL COTTERELL, theft with violence: highway robbery, 23 Oct 1828. The Proceedings of the Old Bailey Ref: t18281023-1
OLD COURT.
First Middlesex Jury - before Mr. Justice Park.
1956. BENJAMIN MAWLEY and SAMUEL COTTERELL were indicted for feloniously assaulting John Patrick Holland, on the 6th of April, on the King's highway, putting him in fear, and taking from his person, and against his will, 1 coat, value 2l.; 1 waistcoat, value 3s.; 1 pair of shoes, value 4s.; 1 hat, value 18s.; 14 shillings, and the sum of 5d. in copper monies, his property.
JOHN PATRICK HOLLAND. I am foreman to Mr. Fisher, stereotype printer, and live in Charles-street, Parr's-place, Goswell-road. On Sunday evening. the 6th of April, about ten o'clock, I was going to see my sister, who was dangerously ill - she lives in Green Arbour-court, between Golden-lane and Goswell-street; instead of passing through the court I went through the Queen's Head public-house, which was at that time kept by Blower, whom I had known for some years - I asked for him merely as an excuse to pass through the house; they said he was in the tap-room- I did not see him: I saw his son; I did not sit down - when I arrived at the back door, Donohough (who has been transported) took my hat off my head; I did not see him - he came behind me and took it off; he did not strike me: I turned round - there was nobody with him at that time; I seized my hat with my left hand, to get it back again - I struck him once or twice in the scuffle, to endeavour to regain my hat; I struck him in the face, when he called for assistance, and several of them rushed from the tap-room.
Q. Where was the landlord's son at this time?
A. He was present, near me; and when the scuffle ensued he said,"You had better let the man alone - I know him - he is going to his sister's;" I had told him I was going there on my first entering the house - she lives within fifteen yards of where the hat was taken from me; I did not know Donohough before - there was nobody with him when he took my hat.
Q. How many men do you think rushed out of the taproom?
A. I should think five or six or more; I did not know any of them, to be acquainted with them: I am positive Cotterell is one of those who rushed out of the room- when they all came round me I scuffled with them; they lifted my legs from under me, and carried me into the skittle-ground - I was laid hold of in all parts, and tumbled about, and being struck at the time; I cannot say what part of me they laid hold of in particular, except my legs: I called out - the landlord came, but they had got me on the ground then; they kept me on the ground; as soon as the landlord came I knew his voice, and said would he allow a man to be robbed and ill-treated in that manner - he asked me what my name was; I told him, and he said he did not know me - I said, "If you do not know me then, tell my brother Eatly, who is so close by (he is my sister's husband); he said I might be d - d, or something to that effect, and I must get out of it in the best manner I could; my shoes were off then: I was held by the legs, and beat on the heel of my left foot, to hinder me from hallooing, the pain was so intense, that after a short time I became quite senseless - I was kicked about the loins and the side of my head, and my lip was cut in getting me into the skittle-ground: they took from me there, a blue surtout coat and a pair of shoes - my money was in my waistcoat pocket; they tore my waistcoat off my back: while they were stripping me I was held by the handkerchief, by Cotterell, and he was threatening me during the time, that if I made resistance they would finish me; I told them to take what they liked, but not prevent my getting more (meaning not to hinder me from work) - they left me; and as soon as I recovered, which I suppose was in a few minutes, I got to the door, and got out, but when I got to the door leading from the house to the court, (having nothing on but my trousers, stockings, and shirt,) they kicked me into the gutter.
Q. Then they were all about the place, though not near you? A. They were in different places; one was about the door - I was kicked into the gutter, they saying at the time, "You b - r, we wish we had finished you;" I got up, and said, "I don't care - I have got out safe;" I went to my sister's door - I was bruised about my side, and hurt in the face, but not disabled from doing my business, it not being hard labour.
Cross-examined by MR. PHILLIPS. Q. Had any thing been done to you when the landlord came?
A. My shoes had been taken off, and I was on the ground, on my back, when the landlord spoke to me; I am quite positive of that - he was barely a minute talking to me; this was in the skittle-ground: a glimmer of light came into the skittle-ground at the time the landlord came - a candle was brought in; I am positive of that - I think I mentioned that at the last trial; I have not read what I stated then - I am positive I mentioned it before the Magistrate; it was quite dark of course, but the candle came in and went away - it did not remain there; I believe it was a woman who had it: I said I could not see Donohought assisting to take off my clothes - I will not be certain that I mentioned about the candle on the last trial, as I omitted many trifling things, and made it as short as I could; I do not think I was asked the question - I said I was senseless for a short time; it was a kind of fainting: when they took my property they left me - I cannot say they ran, as I was lying in a dormant state; when I came to myself they were gone from the spot - I had seen Cotterell in the passage; he was one of those who joined at the time I was struggling with Donohough for my hat: I suppose there were five, six, or seven in the passage, or more - the landlord's son was looking on; there was a light from the bar - the passage runs down by the side of the bar, which has a counter and a window, which forms a partition; I have known the landlord eighteen or twenty years. Nothing had been done to me when I struck Donohough, except my hat being taken; I was too much confused to see whether they were drunk or sober: my sister left her room a minute or two after I got there - I cannot say whether she went out.
COURT. Q. Donohough took your hat before you struck him? A. Yes; when they gave me these blows on the ground I became insensible; when I came to myself I got up to go away, but as I came out they kicked me into the gutter; I cannot speak to Mawley, but there is another not in custody, who I know.
WILLIAM BLOWER, JUN. My father kept the Queen's Head - he now keeps a potato-shop; I am a lapidary. -On Easter Sunday, the 6th of April, between ten and eleven o'clock, Holland went through the house - he did not speak to me, nor say any thing about his sister; as he came by the bar, going out into Green Arbour-court, Donohough took his hat off - I said "Give the man his hat, or else I will tell the officers of you;" there were no blows struck: I did not see Holland strike him - Holland did not call out for help.
Q. What did you see done? Who came out?
A. They were all standing in the passage - I cannot say how many came out of the tap-room; there were five of them altogether: I told the officers who they were - I had seen them coming to the house several times; after Donohough took Holland's hat, he was trying to save it from going - they took hold of him and brought him towards the door.
Q. Who do you mean by "They"?
A. The thieves who took hold of him and pulled him to the yard door, are not taken: I saw both the prisoners in the passage that night - they stood in the passage; they took hold of me and stopped me from going into the tap-room to tell my father that Holland was being robbed - I heard no words used.
Q. Not about "Entrails"? you have been examined before. On your oath did you hear nothing about entrails and kicking?
A. There was no kicking at all - I have sworn they said "If you speak a word, I will kick your entrails out."
Q. What do you mean by saying you did not hear it?
A. I thought you meant if they said it to Holland, they said it to me - I told them to let the man alone; they were then pulling his clothes off, between the passage and the yard door; they took hold of his coat, pulled him to the yard door, and pulled off his coat and waistcoat. Q. Who was present when they pulled off his clothes?
A. Banks was - he had hold of Holland: the two prisoners kept me from going into the tap-room; I said "Let him alone, because his sister lives in the neighbourhood;" he had not told me he was going to his sister's, but I often saw him going to his sister's, and I thought he was going there when he came through the house - they also took his shoes off; the tap-room is parted from the bar and the passage.
Q. Did you see them do any thing to the prosecutor while he was on the ground?
A. No: after they took his clothes off, they shoved him down; he was not in the skittle-ground at all, nor within several yards of it - that is the whole truth; I had seen the five or six men in my father's house before, but not to stop, not to sit down to drink - they have drunk at the bar.
Cross-examined by MR. PHILLIPS. Q. I suppose you were quite sober?
A. Yes; I was there all the time and am certain Holland was not within many yards of the skittle-ground - he was about six yards from it; my father was not present during any part of the transaction - he did not converse with Holland; he knew nothing of it - I was within three yards of Holland.
Q. Could your father be conversing with Holland for a minute and a half, while he was on the ground, without your seeing it?
A. No - he never came there at all, or I must have seen it; I saw Holland at the time his hat was taken off - he did not strike any one then - he could not have struck Donohough two blows in the face without my seeing him; he could have gone to his sister's, without going through our house.
Q. Did Cotterell, during this affair, touch Holland at all, or lay violent hands on him?
A. He did not, because he had hold of me at the time, to keep me from going to my father; they went away after the transaction - Mrs. Eatly let her brother in, and came into our house in about four minutes; Cotterell was not in the house then - I did not see her conversing with him; I saw her all the time she was in the house - she did not converse with Cotterell at all while she was in the house - that is the truth; she could not converse with him without my seeing her. The young men had been in the house about an hour and a half, before Holland came - they had been drinking ale.
Q. Had they not been larking about the skittle-ground, with some women of the town?
A. No - there were no women at all; they had been shoving each other about the passage, and saying, "I will treat you - I will stand a pot, and you shall stand a pot:" the direct road to Green Arbour-court is through Golden-lane.
Cross-examined by MR. CLARKSON. Q. Do you know when Mawley was apprehended?
A. No; it was a long time after the robbery; I had seen him before the offence, but never afterwards till he was in custody.
COURT. Q. Do you live with your father?
A. No - he lives in Whitecross-street - I saw him last night.
JAMES FORDHAM. I am an officer. I was directed to apprehend the prisoners; I gave information at Hatton-garden and they were taken.
SARAH EATLY. I am Holland's sister, and live in Arbour-court. There is a small narrow alley leading to the house, which two people cannot pass through, or they may go through this house; my brother came to my house on Easter Sunday, about a quarter-past ten o'clock - I was ill at the time; I let him in - he had nothing on but his trousers, stockings, and shirt - no shoes, coat, or waistcoat; he was dirty and his trousers torn - he seemed very much beaten, and as if he had been on the ground; his face was scratched and he had a little scratch on his lip - he told me what had happened when I let him in - I ran to the public-house directly, and called the landlord out of the bar; there were several persons about him - I asked him if he knew any thing of the robbery, and my brother losing his things; he said he knew nothing of it - he was very saucy indeed, and very much in liquor; he called his son and asked if he knew any thing of it, and he said No - he then called the pot-boy, who said he knew nothing of it; I went away - Blower's father came to me next morning.
Cross-examined by MR. PHILLIPS. Q. Did not you see Cotterell there?
A. I did - he came up to me and said he knew nothing about it; he came to my house next day, and said he heard I represented him as one of the party, and had come to ask why I said so - my husband was at breakfast and could have taken him, but young Blower had not given his name then: I knew Cotterell before - he is a neighbour, and worked with my husband, (who is a bricklayer) he knew where I lived, and I suppose knew I was Holland's sister.
Cross-examined by MR. CLARKSON. Q. When the landlord called his son, he said he knew nothing about it?
A. Yes; he denied all knowledge of the fact, and the person Mawley was taken about five weeks ago.
JOHN PATRICK HOLLAND. I have not recovered my coat, waistcoat or shoes.
COTTERELL'S Defence. I was drinking in the house at the time. but am innocent, and directly my name was brought in question, I went to Eatly.
NOT GUILTY.
Old Bailey Proceedings Online (www.oldbaileyonline.org, 04JAN2005), 23 Oct 1828, trial of BENJAMIN MAWLEY, SAMUEL COTTERELL (t18281023-1).