John Allan

135

C H on 8th March 2024

Old Bailey Online JOHN ALLAN. Theft; theft from a specified place. 29th October 1829 Text type Trial account Defendants JOHN ALLAN Offences Theft > Theft from place Session Date 29th October 1829 Reference Number t18291029-193 Verdicts Guilty > Lesser offence Punishments Transportation 2035. JOHN ALLAN was indicted for stealing, on the 11th of October , seven 20l., twenty 10l., six 5l., one 55l., and one 65l. promissory notes, the property of Vincent Stuckey and others, in the dwelling-house of Richard Andrews . 2nd COUNT, stating them to be the property of William Newton . 3rd COUNT, stating them to be the property of Richard Woodland . MR. MOODY conducted the prosecution. EDWARD HYDER BROWN . I am a clerk to Vincent Stuckey and others, bankers , of Taunton. On Saturday, the 10th of October, I selected country notes amounting to 625l. 5s., and a 67l. bank post-bill, to send to town; after taking the numbers and particulars, Mr. Collard, another clerk, took possession of them to pack them up - he was in the room when I took the account of them. Cross-examined by MR. CLARKSON. Q. Did you take the numbers and dates? A. Only the numbers and amounts; I laid them on the desk for Collard about six o'clock, and saw him tie the parcel up before nine - I do not think he had been in the room all that time; I had left them on the desk, and gone away - they were country notes, payable in London. MR. MOODY. Q.Was any other clerk in the office at the time you took the particulars? A. Mr. Collard's father; the notes were to go to London to be placed to our credit; I did not see Collard seal them up. ROLLA COLLARD . I packed up the parcel at the bank on the 10th - it was country notes and bills of exchange, directed to Messrs. Robarts and Co.; I took them from the cash counter - I saw that they were notes and bills of exchange; I packed them in carteridge paper about nine o'clock; I had received no orders to pack them, but as Mr. Brown, who generally packs them, was engaged, I did it, knowing they were to go to town - there was also another parcel to our house at Bristol, where we have a branch house; I took the two parcels to Mr. Newton's shop - he is a grocer and linen-draper , and keeps an account at our bank - I delivered the parcel to Knight, his apprentice; Newton was not in the shop at the time - I desired him to deliver them to Mr. Newton; I saw Newton in about five minutes in his house, and inquired of him about them. Cross-examined. Q. What became of you between six and nine o'clock on this evening, the 10th of October? A. I was engaged at the bank; I may have left for two or three minutes, now and then - I did not see Brown place the notes on the desk; I had partly counted the notes up beforehand, but did not compare them with the entry - they were put one on another, not spread abroad; I put a string round them - there were three persons in the room; I do not know that I left the room between six and nine o'clock, but I might for a short time. MR. MOODY. Q. At what time did the business of the house close? A. At four o'clock. WILLIAM NEWTON . I am a linen-draper, and live at Taunton. On the 10th of October, Knight, my apprentice, put two parcels into my hands from the Taunton bank; one was for Stuckey's house at Bristol, and the other for Robarts and Co., of London - I recollect Collard inquiring about them; I had them in my possession then - they were then being sewn up in my pocket, by a person in my employ; they were sewn in my left-hand inside coat pocket - I placed them there, and the London parcel at the bottom; it fitted the pocket tight - the Bristol one was smallest - I started for Bristol about half-past ten o'clock that evening, by the coach and got there about six the next morning; I went to Stuckey's house, and their porter ripped my pocket a little open, took out part of the thread, and drew out the Bristol parcel; I looked to see that he had the right one - my coat was on at the time; I felt the other panel safe - he drew up the thread of the pocket again as well as he could; I started for London almost immediately by the coach, and arrived about nine o'clock on the Sunday evening - I got off the coach, near the Swan with Two Necks, Lad-lane; I had some luggage, and went from the coach to Mrs. Andrews', No. 22, Ironmonger-lane , rang the bell for the porter to get my luggage, which I took there, and staid there myself - I have lodged there for several years when in town; took my tea in the kitchen, and drank one glass of ale -I had my coat on in the kitchen, and the parcel was safe; I was in the kitchen about an hour - the prisoner came into the room while I was there, and asked me how I did- I was in the kitchen with two persons who I had seen there before; I went to bed about ten o'clock - my bed-room was No. 15 or 16; I examined the bed-room door - there was a slight fastening under the lock, but no key; I merely put my thumb to the fastening, but I found next morning it was broken - whether it was broken before I cannot tell; I placed my coat under my bolster - part of the tail hung over the bed side; I examined and found the parcel safe before I went to bed - I put my breeches on my coat, and drew the bed-curtains aside nearest to the window where the coat lay, so as not to prevent the light in the morning; I awoke about half-past six o'clock in the morning, and my coat was laying near the foot of the bed - the curtain was drawn down, and on getting out of bed I found my coat laying with my trousers near the foot of the bed, and on examining the coat the parcel was laying quite open; it had been ripped open, the wrapper broken, and part of the contents I considered were gone, as the bulk was small - it was a different shape, and I was satisfied something was taken out of it; I did not know what it had contained - I then examined my trousers, and found three sovereigns out of four were taken from my purse; I immediately dressed, and went to Mr. Stuckey's office, in George-yard - then went on to Robarts and Co's., and saw their porter; I left the remainder of the parcel at Robarts', gave information at both those places, then went to the Mansion-house, got an officer, and returned with him; I got back to Mrs. Andrews' after seven o'clock; she was not up - the officer did not search the house; he staid there about half an hour -Allan came out of his room, hearing there had been a robbery; I do not recollect the officer saying any thing to him, but he heard I had lost something - in about half an hour I went to the office in George-yard again. Cross-examined. Q. Who was the officer you brought to Andrews'? A. Herbert; Mrs. Andrews said he might search the house - he did not search any body that I know of; I did not follow him every step as he went; Mrs. Andrews offered to have her room, and all the house searched; I do not know how many lodgers were in the house; there are three or four rooms on the floor I slept, I think - Andrews slept on the same floor as the sitting-room - I did not go up stairs with the officer, and did not see him go into the prisoner's room; I have missed goods on one occasion before in that house, and Mrs. Andrews paid me for them - it was three or four years ago; there are not two Mr. Andrews there that I know of; there is a man named Unsworth - I do not know what he is; the parcels were sealed up safe when Knight gave them to me: he is about seventeen years old - he is not here; when I awoke the wrapper was in my pocket, broken - the parcel had been under the pillow, in the coat and the breeches on it. but if I had turned to the other side of the bed, I should have been completely off the coat; I heard nobody come into the room in the night. ANN ANDREWS . My husband's name is Richard - I live in Ironmonger-lane, and keep a lodging-house; I have done so for twenty years, and in that lane seventeen years. Newton has been in the habit of lodging with me about seven years; Allan came to lodge with me on the 10th of May last, and was sometimes out of town for a week; he was there off and on till the time in question. On Sunday, the 11th of October, about nine o'clock, Mr. Newton came; he had tea and cold meat, a glass of ale, and smoked a pipe- he went to bed about ten o'clock; there was one or two other persons in the kitchen; Allan came in - Newton slept in the room No. 15, and Allan in No. 16: the two rooms are very close together - there is a passage between their doors, about a yard and a half wide; there are two other bed-rooms on that floor, but nobody slept there that night - Allan went to bed between ten and eleven o'clock; it was after Newton: in the morning Mr. Newton came with an officer; the officer staid about a quarter of an hour or more - I desired him not to leave, but he did not know what to search for, I believe, and they went out; Allan came down stairs after they were gone out - he came down soon after them: he went into the breakfast-room, walked about from place to place, and came into the kitchen; the robbery was talked of - he requested to leave the house for five minutes; I requested that no one would leave till a proper search was made - that was said in his presence; he left the house, and was away nearly an hour; I believe he was not quite dressed when he left - he said he was not dressed and not shaved; it was not usual for him to be out at that time in the morning - he left about nine o'clock, came back again, in about an hour, and stopped in the house from the Monday till the Thursday morning. Cross-examined. Q. How long have you been married? A. Twenty-six years; I was married at Carlisle, in Cumberland - my maiden name was Ann Thompson: my hus band is in town - he has not been here; I do not know that the prisoner sent him a subpoena to come. Q. Do not you know that you answered the messenger? A. He was from home - there was a man came with something - I said he was not at home: I did not say he was in Scotland; he went out of town this afternoon, on business, and so he did on Saturday - the messenger came on Saturday; I do not know whether I told him the messenger had been; he came home yesterday - he had gone on Friday: I did not tell him he had been subpoenaed on the prisoner's behalf; I do not know that I was told he was wanted here on the prisoner's behalf; he is not in any business - he goes out with gentlemen's good at times; he has gone out with Mr. Williams' goods - he is a gentleman lodging at my house; it is a parcel he has gone with; I did not tell him the messenger had been for him - I do not know that I thought of it - I know I did not tell him; I did not purposely avoid telling him - it was because I forgot it, or something; a person named Unsworth lives in my house: he was there yesterday; the messenger did not ask for him - he is not able to come here; he is unwell: he is a person who has plenty to live on - he occupies any room that suits him; my gentlemen do not always occupy one room- he slept in his bed-room on the night of the robbery; there was no person in the room besides himself, that I know of; the messenger did not produce a paper to me for Unsworth - he did for my husband; I did not tell my husband of it - I forgot it, I suppose; I do not know that the prisoner has charged my husband with putting the notes into his portmanteau; he said I did it - I knew he charged somebody with it, but I understood it was myself- I do not know whether I ever heard of his charging my husband with it; I swear I never heard it - I paid Mr. Newton for some bandanna handkerchiefs once, because he charged me with them in a bill; he did not threaten to indict me - the messenger asked for Russell; he went to Glasgow on Friday - he also asked for Fergusson; he was gone to Glasgow - he asked for Philip Thompson: he never lodged with me - he is my nephew, and comes to my house sometimes, but I do not know where he lives - he lives sometimes with one friend and sometimes with another; when he was last with me he stopped at Hackney: I did not tell the messenger I would not tell him where to find Thompson; I said I could not - he is now out of employ - Fergusson lodged with me four or five months, and is gone home to Glasgow; he was at my house on the night of the robbery - Thompson was not, but Russell was; I do not know whether my servant is here or not - I left her at home; there was a robbery in my house last summer, about June; I have known the prisoner since May - no inconvenience happened in my house before I knew the prisoner, except Unsworth's. Q. Do not you know that before the prisoner left your house, both his room and person were searched at his request? A.His person was not searched; I was not up stairs; his portmanteau was not in my bed-room at that time - it had been there: he took it out himself; his box was in my room - he took that out on the morning of the robbery, after it had been discovered; he took the portmanteau out of town - I did not see him take his trousers out of the box which had been in my room, and put them into the portmanteau. Unsworth has some property, and lives on it; he does not do any thing in particular - he is in bad health; my husband assists me in the house; Unsworth sometimes assists me in writing - my husband cleans the lodger's shoes - Unsworth cleans his own, I dare say; he assists in the house; he never cleaned a knife - he sometimes assists in the kitchen, in sending in breakfast; he does not light the fires - he lent me money when I furnished the house; he is not under my control. CHARLES THOROWGOOD . I am a City officer. Mr. Cope, the marshal, directed me to watch the motions of the prisoner - I began to watch him on Wednesday morning, the 14th, about eleven o'clock, when I saw him going into Andrews' house from Cheapside; he came out with a short gentleman dressed in black - I was watching outside next morning, about half-past seven o'clock; he came out between eight and nine o'clock, with a portmanteau in his hand, got into a hackney-coach, which drew up to the door; I followed the coach to the Custom House-stairs - he took a boat, and went on board the Kent Gravesend steam-packet, with his portmanteau; I took another boat to the same steamer, and landed at Gravesend with him; he walked up and down the street, and I think the coachman put his portmanteau into the boot of a Chatham coach - he got on the coach; I got on the roof behind - he alighted at the Sun tavern, Chatham; I got down, and saw him go into the Sun, with his portmanteau - I went to a house about thirty yards off, and after putting on my great coat, went to the Sun, and saw him in the coffee-room; I saw him at the Sun on and off, from the Thursday till the Tuesday following - he left at times, and on Monday went to Gravesend; I went with him - on the evening he arrived, he went on board the Euryalus, convict ship; I did not go with him, but saw the waterman row him to the side of the vessel; he went on board that ship every day except Tuesday, and I believe on the Monday night, be remained on board all night - I saw him go on board, and saw him again on the Tuesday morning, walking about Chatham; he left Chatham on the Tuesday afnoon, by the Dover Union coach, and came to town - I saw his portmanteau put into the boot; I was watching him the whole of this time, and got on the coach - we both sat in the dickey behind, and our knees touched each other; when we stopped at Rochester, to change horses, I got off, went into the house, and took a glass of brandy; he also got down, and went into the house; we both got on the coach again, and when we had started about five yards, I let a piece of rather greasy whitey brown paper fly; I did not say any thing to him - it flew round the wheel of the coach, and he said, "Bless me that is not out of my pocket, is it?" I said, "I don't know Sir, it is not out of mine, I know;" he then put his hand into his left hand trousers pocket, and pulling out a roll of notes said, "Oh it is all right," and returned them again - I saw distinctly that they were country notes, by the mark across the middle of them; they were rolled up very carelessly - we proceeded on our journey; he got down in the Kent-road, and went into Mrs. Morton's carrying his portmanteau with him - this was on the Tuesday after the Thursday that I went down; I saw him go into the house; I got off the coach, kept watch there all night, and sent a man to the Mansion-house, with a note to Forrester - next morning, about eight o'clock, Allan came out of the house, in company with a young man; I watched him - he and the young man walked together some distance, for about half an hour, then returned to Morton's again - I kept my eye on them the whole time; he came out again, in half an hour - I followed him into Cornhill - he stopped at a picture shop in St. Michael's-alley; I sent off a note, and Forrester came to me, while I was watching him; we took him into custody in Cornhill; Forrester searched him, and took possession of what was on him - he did not bring the portmanteau out of the house in the morning. Cross-examined. Q. Your object was to watch his motions from first to last? A. It was; I believe he was not aware of what I was about - he could not have gone to a more public place at Chatham, than the Sun, it is the most respectable house; the mate of the convict-ship has a daughter - I saw him walking about Chatham with her, occasionally, and going to the ship with her; I say he was on board one night, as I sat up all night at the Sun, and he did not come there; the ship is moored about a mile and a half from the Sun - he had plenty of opportunities to escape that night; Mrs. Morton's is a respectable house - he pulled the notes out openly; I did not ask if he had dropped any notes, but seeing the paper fly, he said what I have stated - there was no confusion about him, that I particularly noticed; I know nothing of Andrews, Russell, or Thompson; I took Fergusson into custody on the morning Allan was taken; I was at Andrews' house on Saturday, and saw a man, but do not know whether it was him; I never heard any person answer to the name of Andrews - I never heard the prisoner charge Unsworth or Andrews with having done this. MR. MOODY. Q. Was Fergusson in custody on this charge? A. A letter had been found on the prisoner when he was taken, directed to Fergusson - he was before the Lord Mayor on suspicion of this charge. DANIEL FORRESTER . I took Allan into custody, and directly took him to the Mansion-house - searched him, and found on him 55l. in country notes (producing them) - they were in his pocket; I marked them before I parted with them - I directly went over to Mrs. Morton's Kent-road, with Thorowgood, and asked her to shew me Allan's portmanteau - she shewed me one, which I searched, and found in it country notes amounting to 570l. 5s. - one was a five guinea note; there was a 67l. bank post-bill - I took an account of the notes at the Mansion-house; one parcel of them was in the upper division of the portmanteau, and the other in the lower, rolled up in two separate papers, not concealed in any way - they were not in any clothes. Cross-examined. Q. Have you tried to take Richard Andrews ? A. Certainly not - not Russell, Thompson, or Unsworth; I knew of this robbery, and that the prisoner was being watched - I heard that Herbert had been to the house when it was discovered. SARAH ELIZABETH MORTON . I live in Kent-road. I did not know Allan till the night he came to my house, and was taken in the morning; the portmanteau I shewed Forrester was the one he brought into the house. Cross-examined. Q. Was there a young gentleman living in your house who is an acquaintance of his? A. Yes; I keep a respectable house, and should not have received him, if I had not understood him to be respectable. EDWARD BROWN . I have compared all these notes with the entry in the book; the numbers of those in the parcel of 55l. do not correspond with the numbers in the book, but they do in every other respect - the banks and the amounts are the same; I can see that the numbers have been altered - I can trace the original numbers, and they correspond with the entry; I know them to be the notes I put on the counter to be packed up - I have a private mark of my own on them all - and I have no doubt of their being the same; I have examined the two parcels found in the portmanteau - they correspond in numbers, names, and description, except one 5l. of Payne and Co.'s the number of which is rather faint; I could not make it out, and put down what I thought it was - I remember that: and here is the 67l. bank post-bill; none of the numbers in these two parcels are altered. Cross-examined. Q. Look at this 5l. Glastonbury and Shepton Mallet bank note? A. Yes; I did not take the dates - this one was A. No. 982; here is another, which was No. 629, and is altered to 1629. Prisoner's Defence. One Leuthwaite, who was at York with me, recommended me to take lodgings at this house. I arrived on the 10th of May from Newark, and lodged there - On the 22nd of September I went out of town, leaving my box and portmanteau in the bed-room; on returning I was informed my box had fallen down stairs, and was broken open; but I found it had been broken open by one of the husbands of Mrs. Andrews, who was in the act of abstracting articles from it. Newton once found the cord of his box altered, and a piece of handkerchiefs missing; he charged Mr. Andrews with taking it, which he did not deny - he charged it to Mrs. Andrews, and she paid for it. I went on Sunday evening, the 11th, to Silver-street chapel, and came home about nine o'clock; but did not sit down, nor did I speak that evening to Newton - I went to bed soon after ten o'clock, and did not arise till after seven, when I was awoke by a noise, and on opening my door, heard what had occured - I accompanied the officer to Mrs. Andrews' room, where she and Unsworth were in bed; it was proposed that her room should be searched first - she said she wished to dress, and wished my room to be searched first; every part of it was searched, and at the moment the officer was going to search her room she brought out a box belonging to me, and said I might take it to my bed-room, which: I did and could prove by the servant and one of her husbands, if they will come forward, that it was broken open some time previous, and the articles thrown round the room by Unsworth - it remained open; (the officer did not know but it was locked) till the 15th of October, when I took a pair of trousers from it and put them into my portmanteau, then tied the box up, and had it put into Fergusson's room. I went to Chatham, and on Monday afternoon, about four o'clock, when I went up to dress myself, on opening my portmanteau, to my great surprise and horror found three parcels of notes in the pockets of the trousers which I had taken out of the box which had been kept in Mrs. Andrews' room - I immediately wrote to Fergusson, at Ironmonger-lane, to know if Newton was still there, as I wished to see him - I went to the Euryalus, and told the watchman to come for me that evening, but his boat could not get to the ship, and after nine o'clock, no boats being allowed to come, I could not get ashore - I had the letter written, intending to send it by the post, which leaves at twelve, but was obliged to stop on board on account of the boat being aground; I came on shore the next morning, took the notes from my pocket, and counted them over in the public-house - the waiter saw them on the table, and I ask was that the conduct of a midnight robber? I arrived in town about eight o'clock, and stopped in the Kent-road - I arose next morning, and wrote to Fergusson to meet me at the Burton coffee-house at eleven o'clock; I went, intending to put the letter into the General Post-office, when I was taken. I solemnly declare my innocence; I am made the dupe of a villain, who to screen himself, has made me the victim; I trust you will consider the character of Andrews - she has two husbands, one the partner of her bed, while the other acts as servant to clean the lodgers' boots and shoes; it is incredible to suppose, a person, who had stolen the property, would have carried it about ten days without offering to put off one note - when a person went to subpoenae a witness for me, Mrs. Andrews told him some were gone to Ireland, and others to Scotland; I am deprived of their testimony. - HERBERT. I am an officer. Newton fetched me from the Mansion-house about half-past seven o'clock on the morning of the robbery; I asked him several questions at the house - he being very deaf I talked loud - that alarmed Allan, who came out of his bed-room in his shirt, and said I was very welcome to search his room; I went and searched his room thoroughly, and his box - Newton was at the door; I have not been called on the part of the prosecution - Allan had got nothing on; I searched his trunk - in short, he searched it himself in my presence; I stood by him while he turned over the things; I did not see the portmanteau there - he took and opened every thing, and took the things out; I searched where I thought proper - Mrs. Andrews was alarmed, and came out of her bed-room; she gave me leave to do the same - I searched her room; there were a great many boxes, which she said belonged to different people, travellers, out of town - there was a box under her bed, which I understood was Allan's; it appeared to me to be locked - I cannot say whether Allan offered that to be searched; he did not leave the house till after me - I went to the banking-house to try and find out the numbers of the notes. MR. MOODY. Q. Have you been an officer long? A. Yes - I let him search the box himself; I did not know what property was lost, or what to look for - I had no warrant; I did not make a complete search - I did not exactly search his clothes; I looked under the bed, but did not rip up the matting - he said I was welcome, and I was perfectly convinced it was not there, as he had plenty of time to have got it out of the house. COURT. Q. Did you know you were to search for three small rolls of notes? A. No - I did not examine his clothes; I looked among the sheets - I afterwards looked among his clothes, but he had not got them on; they were in the room - I have been an officer nearly ten years; I looked into his pocket - I did not know what was lost, and did not make a complete search; I did not put my hand into his pockets - I went to the Mansion-house, and told Mr. Cope I had searched his room, but not completely; I took the prosecutor to him. MR. CLARKSON. Q. Did he not offer his bed, his clothes, and things to be searched? A. He offered every thing to be searched. COURT. Q. If there had been a parcel of this description in the trunk, should you have seen it? A. I should have noticed it, certainly. ANN ANDREWS re-examined. Q. I knew the prisoner had a portmanteau; it was in his own room on the night the notes were lost. GUILTY of stealing, but not in a dwelling-house . Aged 24. Transported for Seven Years .