Elizabeth Avenell

135

C H on 3rd March 2024

Old Bailey Online ELIZABETH AVENELL. Theft; simple larceny (from 1827). 4th March 1839. Text type Trial account Defendants ELIZABETH AVENELL Offences Theft > Simple larceny Session Date 4th March 1839 Reference Number t18390304-1016 Verdicts Guilty Punishments Transportation 1016. ELIZABETH AVENELL was indicted for stealing, on the 10th of January, 1 glove, value 1d., and 36 sovereigns, the goods and monies of William Brooks. MR. JERNINGHAM conducted the Prosecution. RACHEL BROOKS . I am the wife of William Brooks, who is gone to America—he went in the Michaelmas week, and left me forty sovereigns and some bills that I was to get in, and to go after him—I have known the prisoner for nine or ten years, and I went to reside at her house at Southall Green, in the parish of Norwood—about the 6th of January she said to me, "I suppose you have spent five or six of those forty sovereigns"—I said I had spent three and lent one, which made four—she advised me to lock it up, as her son-in-law was out of work, and money was a temptation—I then locked the thirty-six sovereigns in my trunk, which stood in their room—on the 10th of January I went to my box, at twenty minutes before twelve o'clock at noon, to take something out, as I was going to Harrow—my box was all right, and the thirty-six sovereigns were there—I went to Harrow and returned at nine o'clock at night—on my return I met the prisoner's husband at the door, but the prisoner was not there—her husband went to bed at ten o'clock, and I sat up till twelve o'clock, expecting the prisoner to return, but she did not—I then laid down till the morning—the prisoner's husband got up and went to work as usual—I then went to make my bed, and I noticed that the prisoner's night cap and gown were not there—I saw her box was ajar, and her clothes were gone—I then went down and said to her son-in-law that Mrs. Avenell must have run away, as her things were gone—in a few minutes something struck me to go and look if my money was safe—I went up—it was then between ten and eleven o'clock—I took out my key, opened my box, and saw my clothes had been moved—I put my hand down and my money was gone—I ran down stairs, stated that it was gone, and was going to the prisoner's husband to tell him—a lodger who was there said, "You must have mislaid your money"—I said, "I have not"—I ran up stairs, turned every thing out of the box, and it was not there—I went down, put on my bonnet and cloak, and went to Avenell, to see if he could tell me where his wife was—he disclaimed all knowledge of it, and joined me in the pursuit—we came to town by the steamer, and went to Mary-le-bone office. JAMES HALSALL . I am an officer of Liverpool. In consequence of information, I searched the house of a person named Johnson, in Regent-street, Liverpool—I found the prisoner there on Friday, the 15th of February, a little before eight o'clock in the morning—I had written to the prosecutrix, and she had come down, and was with me—I got the landlady to knock at the prisoner's room door, and say she was wanted—the prisoner was in bed—as soon as she opened the door, I said, "Mrs. Avenell," she said, "You are wrong, my name is Hooper"—I said, "No, it is Avenell, you have committed a robbery in Middlesex, and the party is come down"—she said, "Well, I will tell you all about it, I have taken the money, and I have redeemed a quantity of things"—her stays were there, and a pocket attached to them, in which I found nineteen sovereigns and 19s. 6d.—I asked what she had done with the other money—she said, "Redeemed some things out of pledge—this watch, and some other things"—she owed a week's rent, and with the consent of the prosecutrix I paid 5s. out of the silver. Prisoner. Q. Did I tell you I had redeemed this watch? A. Yes, this watch, a parasol, and some other articles. Prisoner I told you I had spent the money, you said, "In what?"—I said I had been there five weeks, and it cost me 1l. a week for living, and I had redeemed some things. JANE SHIRLEY . I live at Southall-green, next door to the prisoner. About a month before she went away, I went into her house, and she said to me, "Because I am so badly dressed you think I have no money"—she went up stairs, brought down a black glove, and showed me thirty-seven sovereigns which she said she had saved out of her husband's income. Prisoner It was laying about, and it was a great temptation to me—I did not say I had saved it out of my husband's income. WILLIAM RYDER . I am a dealer in hay and straw at Southall-green. I saw the prisoner on the day before the robbery—she said she would find forty sovereigns if I would go with her. Prisoner His wife some time ago went off with another man—she came back—they quarrelled, and he struck her, and then he sold off what he had, and came and lodged at our house, and that day we were all joking together. Witness I said, "You are joking, suppose I got a nice comfortable home for you, would you go?"—"Yes," says she, "by G—I would"—Mrs. Brooks was present—I think the prisoner meant it in earnest—she had asked me before to go with her, but she had never said about the forty sovereigns before. Prisoner You said your wife was gone, and you wanted another—Mrs. Brooks has been a friend to me—she was with me from the 3rd of September till the 10th of January—when Mr. Ryder was in trouble she asked my husband to let him bring his things, and stop at our house—he and she were remaining there—my husband did not have so much money as he had had—I had myself to keep, my son-in-law, and my husband, Mrs. Brooks and Mr. Ryder, and all out of 14s. a-week—I was in that state, that I was about to make away with myself—the prosecutrix and I were two sworn friends—I should never have thought of robbing her, had it not been for the way I was in debt with the baker and every one. RACHEL BROOKS re-examined. Q. Did you hear the conversation with Ryder and the prisoner? A. Yes, but there were such jokes passed that I did not think that was in earnest—the prisoner said she had 150l. in the Sinking Fund, and the interest she put into the Kensington Savings Bank, and she could raise forty sovereigns any day—she said she would sell out her money and go off with Ryder any day—we had been good friends up to this time—I never saw any thing singular in her behaviour except when she was intoxicated, which I have seen her several times. Prisoner Never but when I was going to murder my husband, and you too. GUILTY . Aged 38.— Transported for Seven Years.