Henry Asser

338

Penny-Lyn Beale on 8th November 2024

Australia, Convict Index, 1788-1868 Name Henry Asser Age 24 Birth Year Abt 1766 Arrival Year 1790 Arrival State New South Wales Trial Place Old Bailey Middlesex Ship Surprise Comments d1819 Occupation shopman to draper © 2006-2024 Ancestry

342

Maureen Withey on 28th September 2021

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 28 September 2021), May 1786, trial of HENRY ASSER (t17860531-26). HENRY ASSER, Theft > burglary, 31st May 1786. 486. HENRY ASSER was indicted for burglariously and feloniously breaking and entering the dwelling house of Joseph Earle , about the hour of twelve in the night on the 27th day of March last, and burglariously stealing therein, thirty-seven silk handkerchiefs, value 3 l. eighty-nine linen handkerchiefs, value 3 l. twenty-one muslin handkerchiefs, value 30 s. fourteen lawn ditto, value 30 s. eight yards of lawn, value 16 s. one hundred and thirty yards of Irish linen, value 10 l. twelve pair of cotton stockings, value 30 s. twelve pair of worsted stockings, value 20 s. and one pair of silk stockings, value 10 s. his property . A second count, For that he being in the same dwelling house, stole the same goods, and afterwards broke the same dwelling house to get out of the same. JOSEPH EARLE sworn. I live in the parish of St. Clements Danes ; I am a linen-draper ; I know the prisoner, he was my servant, my shopman ; on the 29th of March a man came and said, he wanted to speak to me, his name is Barnet Levi ; he said there were some goods that belonged to me; when I looked at them, I saw they were mine; I had not missed them before; I went with the Jew to the other side of the New Church, he opened the goods to me; in consequence of the Jew's information, I sent for an officer, and took the prisoner into custody; some of the property had my private mark upon them; I can swear to some, but there is no mark upon the greatest part of the goods; in the stockings we generally sew a little mark, but in these the mark is taken away, but I have no doubt but they are mine, but I cannot be positive; the muslins appear to be different sorts of muslins, cut from different pieces; my house was not broke at all, the prisoner was in my service till the moment he was taken up, the goods were brought back to my house, and there the prisoner acknowledged it; I promised him no favour not a syllable. Did he apprehend at the time that he made that confession, that he would be brought to justice? - I had sent for the constable an hour before. Had you threatened him or frightened him into confession? - No, I had not; the confession he made was a free act of his own mind; I said very little. JAMES TALLBOY sworn. The prosecutor applied to me, and I came into the back parlour, and while he was talking to me, I saw the prisoner run hastily up into the garret; we pursued him up stairs, and he had got the key to open his box; this was the 29th of March, I said, my friend, leave this to me; he seemed in great confusion and flurry, and I took these things out of his box; here are twenty-five yards of Irish cloth, three table cloths, one pair of silk stockings, two remnants of long lawn, two muslin handkerchiefs, four coloured silk handkerchiefs, these black silk handkerchiefs; the Irish cloth has the mark, the three table cloths have the mark, and on one of the long lawns there is the mark, there is no mark on the silk handkerchiefs; when I got up into the room, he said, here are a few things in the box. JOHN ATKINS sworn. I was at the office, and the prisoner gave me information himself, to go to a house in Compton-street, just the corner of Monmouth-street; I went there, and I found two bits of striped muslin, two quantities of handkerchiefs, and five table cloths, eighty-six pocket handkerchiefs; they were all in a box except one piece of cloth, and that the woman gave me; the prisoner told me they were his master's things; it was the house of one Mary Heath ; she is here, she is no relation to the prisoner. Prosecutor. These four pieces of linen have my private mark, five table cloths, and one pair of stockings has the mark on, one remnant of tambour muslin has the mark on; one muslin handkerchief has the mark on; I swear these are my property. Atkins. The prisoner cried very much, and said the things were at this house, and were all his master's property; here are goods that were along with them, that the marks are not on. Court to Prosecutor. So large a quantity of goods as are now produced, and were found in the custody of the prisoner, must have been taken at different times? - They must. Atkins. He said he used to take them at different times; he said, after they shut up, he took out a bundle, and then made up a box, and took them to this woman's house. Court. It is pretty extraordinary to me, that such a quantity of goods as these, should not have been missed by you? - A great part of these goods I had bought only a few days before, and some of them had not been in the house a week; and the next morning after he was taken into custody, I looked round, and the first thing I missed was muslin aprons; these things were kept in my shop; I had not any suspicion of the prisoner before this; I kept him merely almost because I had a very good opinion of his integrity. Court to Prosecutor. Did you know the connection between the prisoner at the bar and Mary Heath ? - No further than this, she was an acquaintance of a young woman that was an acquaintance of his; he used to be now and then backwards and forwards with this young woman; he told Mrs. Heath he intended going into business in about a fortnight or three weeks, and had desired her to look out for a shop for him; Mrs. Heath was a married woman; he told her, as she informed me, that these goods were some he had met with cheap, and begged to leave them there, and that he brought them there in a hackney coach. Atkins. She is a woman of very good character, and gave us the things immediately; she gave us more than we knew of, she gave us a piece of cloth. ( Mary Heath was so much frightened, that the Court not thinking her to be a receiver, and she having a good character, did not examine her.) BARNETT LEVI sworn. I know the prisoner, I have known him two months, or thereabouts. How came you first acquainted with him? - He bought a pair of knee-buckles of a young man in the Strand, and told him he had some things to sell; and he told him of me; I keep a slop-shop on Tower-hill, facing the Tower; there were handkerchiefs and a dozen of stockings, and three little remnants of muslin; that was all I know of; my son bought the things in my absence; his name is Levi Barnett , my father's name was Levi. LEVI BARNETT sworn. Was you ever in company with the prisoner? - No, my Lord; I never saw him before the time he brought the goods into my shop; I do not know the day, it is a good while ago, it was about the lottery time; the prisoner came to my shop, and he said he was sent by one Mr. Moses; he said he had some goods to sell; I said, my father is not at home; he let me look at them, and laid them on the counter; they were handkerchiefs, stockings, and two or three remnants of muslin; I said, I have no money about me; I gave him forty-six shillings, and I kept the goods, and he said he would call again. What was the value of the whole? - About four pounds. Did you enquire how he came by these goods, before you purchased them? - Yes; he said his master broke, and he took them for his wages. Was you satisfied with that account, without making any further enquiry? - Yes; I purchased nothing of him, but these. What account did you give to your father? - When he came home, I told him a man had been there, and had left these goods; the prisoner never called again. Court to Barnett Levi . How came you to give the prosecutor such information? - The goods were in my house, and the gentleman did not come, and the young fellow who recommended me he did not know him; I asked him the next day whether he knew him; he said, no; I said, I will not thank you for such a recommendation; but as I thought he would come for the remainder of the money, I could do as I pleased; so the young man that recommended him saw him afterwards, and told me where he lived, and I went to inform the prosecutor; I was very much displeased at them for doing that business; I never have been in any trouble in my life, it was in an innocent way, I would have every man to have his own goods again, that is all I did it for. Prisoner. I am guilty. Court. There is no evidence of burglary, therefore your verdict must be, stealing the goods in the dwelling-house. GUILTY, Death . Of stealing the goods in the dwelling-house, but not of the burglary. He was humbly recommended to mercy by the Jury and Prosecutor, on account of his extreme youth . Prosecutor. I believe he served me very faithfully for twelve months. Court. It is only in compassion to his youth that I shall concur in the recommendation; for this is a very aggravated offence, to such an extent as this, from time to time. Mr. Justice Willes. Was there any one piece of linen that was above the value of forty shillings? Prosecutor. One piece of Irish is worth more than that. Tried by the second Middlesex Jury before Mr. Baron PERRYN. Old Bailey Proceedings punishment summary, 31st May 1786. The Trials being ended, the Court proceeded to pass Sentence as follows. Received sentence of Death, 8, viz. Edward Paile , Mark Powell , James Gasteneaux , John Wilkinson , John Delove , Mary Smith , Henry Asser , and Henry Palmer . Old Bailey Proceedings supplementary material, ... Henry Asser, … 10th January 1787. The following prisoners who were capitally convicted at former Sessions received his Majesty's pardon, on condition of being transported for the following terms, to the Eastern coast of New South Wales, or some one or other of the islands adjacent, (viz.) Charles King , Thomas Thompson , Benjamin Rogers , Hugh M'Donald , Joseph Dyer , George Charlwood , Thomas Colebrook , John Langford , Sarah Parry , Thomas Harris , Hannah Mullens , James May , Edward Paild , John Delove , Henry Asser , Daniel Chambers , John Turwood , Thomas Freeman , and John Crawford , for life. Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 28 September 2021), January 1787 (s17870110-1).