John Aylett

135

C H on 3rd March 2024

Old Bailey Online JOHN AYLETT. HENRY JOHNSON. Theft; theft from a specified place. 17th December 1838 Text type Trial account Defendants JOHN AYLETT, HENRY JOHNSON Offences Theft > Theft from place Session Date 17th December 1838 Reference Number t18381217-348 Verdicts Guilty, Guilty Punishments Transportation 348. JOHN AYLETT and HENRY JOHNSON were indicted for stealing, on the 4th of December, at St. Marylebone, 1 sauce tureen and cover, value 2l. 10s.; 4 silver candlesticks, value 16l.; 6 knives, value 10s.; and 6 forks, value 10s.; the goods of Thomas Lindsey Holland, the master of the said John Aylett, in his dwelling-house. MR. PHILLIPS conducted the Prosecution. THOMAS LINDSEY HOLLAND . I live at No. 12, Cornwall-terrace, Regent's-perk. The prisoner Aylett was about eight months in my service—my plate was under his care—I missed two pairs of silver candlesticks a sauce tureen, and six plated knives and forks—I know nothing about Johnson. Cross-examined by MR. DOANE. Q. Did you receive a good character with Aylett? A. Yes—he conducted himself well previously. COURT. Q. When did you miss these things? A. Not till the officer came to apprehend him. RICHARD WILCOX FAIRLAND . I am a pawnbroker, and life in Lissiongrove. I produce a pair of silver candlesticks pawned at our shop, on the 5th of December, by the prisoner Johnson, for 5l. 10s.—he was asked, in my hearing, whose they were, and he said they were his own—I have another pair, which he pawned on the 6th of December, with a saucetureen, for 6l.—I thought he was a dealer in these articles—that was the idea we always formed of him—we had known him some time, and had taken previous pledges of him. Cross-examined by MR. DOANE. Q. He had been in the habit of pawning jewellery, had he not? A. Yes; on the second occasion he got 2l. 10s. extra on the first pair of candlesticks, that made altogether 14l.—he gave his right address, "44, Earl-street"—I only know that to berightfrom the officer—I have never been to his house—we have known him the last eighteen months. MR. PHILLIPS. Q. What address is there on that other duplicate which you have? A. "Ann Johnson, 18, Devonshire-street"—I do not know whether he pawned that article, but I know he took it out at the time he brought the 6l. parcel—I have only brought that duplicate for information—it has nothing to do with the property in this case. JOHN WEBB . I live in Stratford-mews; I know the prisoner Aylett. On the Tuesday night before his apprehension, I went to his master's home to see him—he told me he was in a great deal of trouble, and had had a loss—that he had got ucquainted with a black man, and they had been drinking together—that he took him home to his master's house, and the black man had asked him to allow him to stop to sleep there all night, as he was too late for where he lodged—(I believe he mentioned "Long's hotel")—that he stopped there that night, and next morning, he (Johnson) got up, and demanded of him 5l.—he told him he had not got so much—that Johnson looked over his box of clothes, and from it took a satin waistcoat, and a pearl pin—that Johnson told him that would not do, he must have some plate, which he told him he would pawn the next day, and send the duplicate back to him in a twopenny-post note, and that if he did not let him take the plate away, he would alarm the house, ring the bells, and kick up a disturbance, by which threat he (Aylett) allowed him to take the plate away, being afraid he would disturb the inmates of the house. Cross-examined by MR. DOANE. Q. How long have you known Aylett? A. Between two and three yean—he has lived in respectable families, as servant—I always thought him a very honest, respectable young man—he told me that Johnson roared out, and made a row with him by hallooing and bawling—he did not express any anxiety at that time that Johnson should be found out and taken, he did on the Friday evening—between the first and second time of my seeing him, I had a communication with Graves the officer—I told Aylett of that, when I saw him on the Friday, and he then said he was glad of it—he also told me to endeavour to raise money from his wife, and other persons, to endeavour to get the plate out—that was the first time, before I mentioned it to the officer—he did not tell me that Johnson had said, unless he allowed him to take away the plate, he would charge him with an abominable offence—I heard of that afterwards. NATHANIEL GRAVES . I am an officer at the Colosseum, Regent's-park. In consequence of information from Webb, after receiving a letter, I went to Mr. Holland's house on Friday evening, the 7th of December, about half-past nine o'clock, and saw Aylett there—he said he was glad I was come, for he was in a great deal of trouble—that he had given a man who he met in the street his master's plate to pledge—that the man slept with him, as he was too late to get into his lodging at Long's hotel, and that in the morning when Johnson got up he said if be did not give him 5l. he would alarm the house and knock his brains out, and ring the bell—Aylett said he had not got 5l. to give him, but he would rather give him his own things than his master's—that he took him to his box, and Johnson said there was nothing there to satisfy him but a satin waistcoat and a pearl pin, which he took—he said that would not satisfy him, and he then swore he would have some property, he would have some plate, if he could not raise the money—he (Aylett) then gave him two pairs of silver candlesticks, and six plated knives and forks, which Johnson took away with him, and said, when he sent him the 5l. he would return the plate—I showed Aylett some duplicates which Webb had given to me in the letter—I asked him whether they were the duplicates Webb had received from him, and he said they were—I have accurately stated this conversation—I am the Nathaniel Graves who was examined at the police-office—I went to Mr. Fairland, and gave him notice to keep the property—I went again to Mr. Holland's, and informed him of this—Aylett was called up, and I asked him how he came to part with his master's plate—he said it was under a threat from the black man (Johnson) whom he had taken home to sleep with him, and that he said, unless he let him take the plate away he would accuse him of committing an unnatural offence, without he gave him 5l., or security to that amount—that he said he had not 5l. to give him, but he would write to his wife and try to get it; but Johnson said that would not do for him, he must have something in hand—he said he was willing to give him anything of his own, and took him to his box—that he unlocked his box, and Johnson took a black satin waistcoat and the pearl pin, but he said that was not sufficient, he must have something else, he then threatened to alarm the house, and he went to his master's plate chest, unlocked it, and took out two pairs of candlesticks, the sauce tureen and cover, and six plated knives and forks, and that Johnson said when he sent him the 5l. he would return him the plate, and that he would call in the evening of that day to see if he had got the money ready—he said Johnson did call in the evening to know if he had got the 5l., but his master had company, and he could not let him into the house, he could not see him—Mr. Holland was present at this conversation—Aylett then told me, before his master, that he went to No. 44, Earl-street, and saw Johnson—that there was one of the silver candlesticks on the table with a candle in it, and the sauce tureen with lump sugar in it—I then asked Aylett, in his master's presence, after this confession, if I should ask him a few questions—Aylett said he would answer them—I asked him where he first became acquainted with Johnson—he said he met him in Regent-street—I asked if he spoke first to Johnson or Johnson to him—he said he first spoke to Johnson—I asked what he said—he said, "I said, it is a fine night, Sir"—that Johnson said he was a nice little fellow, and he should like to spend an hour or two with him, and Johnson said he was in the habit of giving 10s. or 12s. to little men like him, as he preferred +small men like him, and that he was a gentleman himself—I told the magistrate this—you will find most part of it in my deposition—I was rather flurried—I had three conversations with Aylett, one as he went to the station-house, and another before his master—I might confuse one with the other, but the conversation as he was going to the station-house the magistrate stopped me from going into—there were three statements—one, Mr. Hoskins said, was too horrible to go into. Mr. HOLLAND re-examined. I was present when Aylett made a disclosure to Graves when he was called up into the drawing-room, (Graves having previously explained the business to me,) I asked Aylett to give an account of himself—he said he was very sorry, that he had had a man to sleep in the house—I asked him how he became acquainted with this man—(I made him no promise or threat, nor did Graves in my presence)—he said he met the man Johnson in going down Regent-street, and that he spoke to him—I asked him what he said—he said, "I said, it is a fine day, Sir" that they then walked up Regent-street together, and he took hold of Johnson's arm, Johnson said he should like to spend a little time with him, and Aylett brought him up to my house—he said he could not let him come in then, as the family had not retired, but appointed for him to come again at eleven o'clock—that he came and slept in the house with him, and in the morning Johnson demanded 5l. of him, and said if he did not give it him he would charge him with an unnatural offence—Aylett said he had not got he, but offered him any thing of his own, and showed him his box—Johnson took the waistcoat and pearl pin—(I am not quite certain whether the waistcoat and pin were mentioned that day or the next)—Johnson said that would not do for him, he must have something more valuable, in plate or something—Aylett said the man had taken liberties with him—that was his expression, and that he had taken liberties with the man—I am quite certain he used that expression in my presence. Cross-examined by MR. DOANE. Q. Those are the precise expressions he used, are they? A. Yes—he said also that the man threatened to charge him with taking liberties—he said he became very much alarmed by Johnson's manner and threat, and he allowed him at last to lake the plate because he was so much alarmed. Q. Did he say any thing about attempting to get the money from his wife to restore the plate? A. He said so either that night or next morning—I saw a letter that night which he wrote to his wife—he appeared quite willing to give all the information he possessed about the plate—I believe it was in consequence of his information that Johnson was apprehended. GEORGE ROGERS . I am a police-sergeant. In consequence of information I searched for Johnson, and on Saturday morning, the 8th of December, I met him in the New-road, and asked him if he knew a man-servant at No. 12, Cornwall-terrace—he said, "No"—I asked if he knew No. 12, Cornwall-terrace, Regent's-park—he said, "No"—I then asked him if he ever went to sleep at No. 12, Cornwall-terrace, with a man-servant—he said "No"—I then asked him if he knew any thing of pawning any silver plate within the last few days—he said "No"—I asked him if he meant to deny it altogether—he said "Yes"—I took him to the station-house, and kept him in custody—as we went along he asked me where Mr. Holland's was, and what he was, whether he would say he stole his plate—I told him who he was, and where he lived—I took him to Albany-street station-house, where Aylett was locked up—he was brought out, and said, in Johnson's presence, "Oh yes, that is the man"—Johnson made no reply to that I am certain—I searched Johnson, and found on him a gold watch, a chain, two gold pins, two rings, and 4d., and I found this paper in his coat pocket, on which is written, "John Aylett, 12, Cornwall-terrace, Regent's-park"—after the examination I found this black satin waistcoat in Johnson's apartment. Cross-examined by MR. DOANE. Q. Is that in Earl-street? A. Yes—when I found Johnson he was in company with a policeman, walking up the New-road—I am sure I asked him if he knew of pawning any plate—I did not say "property"—I might say plate, or any property—what I said was, any silver plate, any plated silver plate—Silver plate was what I asked him—he asked me the person's name going along, and I told him Mr. Holland—I do not think he said he did not know Mr. Holland—I asked him if he knew him, and he denied it. HENRY PHILLIPS . I am clerk at the Marylebone police-office. I took down the prisoners' examination—they were both at the bar together—Aylett was asked if he wished to say any thing, and he made a statement, which I took down, and read to him sentence by sentence as I took it down—I do not remember whether he was asked if it was correct after it was read over to him—it was signed by the Magistrate, not by him—I took it down from his lips as he dictated it—I have no doubt I took it down correctly—the same questions were put to Johnson—he was also cautioned that his statement would be taken down—I took that in the same manner, sentence by sentence—I took down accurately what he said—(read)— The prisoner Aylett says—" He demanded five pounds, and said if I had been a gentleman be would have had ten, but as I was a servant he would let me off for five pounds." The prisoner Johnson says—"I knew this servant eighteen months, and have had some dealings with him—I sold him a watch—I charged him for that watch 15l.—he gave me 1l., and was to give me a pound a week till he paid me he did not continue to pay the pound, and I saw him, and he made excuse and said his wages was not due, and he would pay me 3l. when his quarter was due at once—I told him I was a poor man, and could not give so long a credit, and if I had not thought that he was good principle I would not let him had it—from that time he did not come at all to pay me, and I think it is twelve months since I saw him till I met him in Regent-street the other night—I asked him for the watch—he said he had not got the watch or money—I asked why I had not seen him, and he said that he had left that place, that he had been to take a silver tea-pot to be repaired—I said I must have money or watch, or would give him in charge for the robbery—he said he was going home, and would ask his master for the money—I waited out at the door—he said he did not like to speak to his master, that he was cross, and that it was late before he went out—I said, "If you don't pay me I will come to your master'—he said, 'Don't do that, it will throw me out of bread'—he said his master was an old gentleman, was very particular, and he should lose his bread, and if I would wait he would try and borrow the money of the servants—he opened the area a quarter after twelve—I went in, and saw no one—he said, 'Sit down,' and went and brought half a bottle of wine—he asked me to drink—he said it was not his master's, that he bought it—after that I said, "I must have the money or the watch'—after that he said, 'I have got some plate of my own'—and I said, 'What is it?'—he said, 'A pair of candlesticks, solid silver'—I said they were not worth 14l.—he then opened a box, and he said, 'There is some of that mine,' and he came by them honest, and that he had lived in some place two years—that they failed, and could not pay him, and he had these things—I told him they were not worth any thing to me—he said the sauce tureen was not silver, and that the knives were steel plated, and he then gave me his name and address on that sheet of paper—I told him I would put the duplicates in a twopenny post letter, and send them to him—and I pledged them for 14l.—I think on Thursday Aylett came to me, at Earl-street, and asked me to let him have them for 5l., and he would pay me at 1l. a week—I said, 'No,' and' when he was gone I took the other things to the pawnbroker and pledged them there." The prisoner Aylelt further says—" I declare solemnly, if it was the last word I was ever to speak, that I never saw him before I met him that night in Regent-street, and I did not owe him any thing—it is not any of it true." MR. HOLLAND re-examined. These candlesticks and things are my property—I have seen Aylett write—this paper found ou Johnson is his hand-writing. Cross-examined by MR. JONES. Q. When have you seen him write? A. He brought his weekly bills to me, ready written—I cannot say I have absolutely seen him write. COURT. Q. What is the value of all these things? A. The four silver candlesticks are worth 162.—the sauce-tureen and cover 2l. 10s.—my house is in the parish of St. Marylebone. (John Parkes, ironmonger, No. 21, High-street, Marylebone, gave Aylett a good character.) AYLETT— GUILTY . Aged 24. JOHNSON— GUILTY . Aged 22. Transported for Ten Years.

338

Penny-Lyn Beale on 17th February 2021

New South Wales, Australia, St. John's Parramatta, Burials No; 209 Name; John Aylick Abode; Parramatta, General Hospital Date of death; 1840, 7 Jan Date of burial; 1840, 8 Jan Age; 24 Details; Per ship; Barossa By Whom Ceremony was preformed; H H Bobart ---------------

338

Penny-Lyn Beale on 3rd July 2020

New South Wales, Australia, Convict Death Register, 1826-1879 Ship; Barrosa Age - 25 Died; Parramatta Hospital. 07/01/1840 ---------------------------------------- New South Wales, Australia, Convict Indents, 1788-1842 Name: John Aylett. Age: 25 Date of conviction: 17 Dec 1838 Place of Conviction: Central Criminal Court Estimated birth year: abt 1813. Vessel: Barrosa Port of Arrival: New South Wales Date of Arrival: 8 Dec 1839 Read & Write. Protestant. Married Native Place: Herdfordshie. Trade or Calling: Gentleman's servant. Offence: Burgulary. 5 1 1/2. Sallow, Brown: Hair. Dark: Hazel Eyes