Francis Barnes

343

Maureen Withey on 20th February 2023

Francis Barnes was a witness at the marriage of fellow Calcutta transportee, William Atkinson in 1807. Tasmanian Marriages. https://stors.tas.gov.au/RGD36-1-1p5j2k William Atkinson, single man, and Mary Clark, single woman, both of this settlement, were married by banns, at Hobart Town, 13 April 1807, by Robert Knopwood, Chaplain. William and Mary both signed with their mark X. Witnesses were Christopher Forsha (signed), and Francis Barnes, (signed).

343

Maureen Withey on 14th February 2023

Tasmanian Records. https://stors.tas.gov.au/CON22-1-1_0062 Ship Calcutta 1804, Ocean to VDL. Francis Barnes, Tried Middx G.D. 15 Apr 1801, Life. ----------------------------------------------------- Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 14 February 2023), April 1801, trial of FRANCIS BARNES (t18010415-68). FRANCIS BARNES, Theft > pocketpicking, 15th April 1801. 361. FRANCIS BARNES was indicted for privately stealing from the person of Nathaniel Swan , on the 7th of March, a Bank post bill, value 10l. two Bank-notes, value 40l. one other Bank-note, value 10l. five other Bank-notes, value 25l. one other Bank-note, value 2l. six Rochester, Chatham, and Stroud Bank-notes, value 60l. and five other Rochester, Chatham, and Stroud Bank-notes, value 25l. the property of the said Nathaniel . (The case was opened by Mr. Knapp.) NATHANIEL SWAN sworn. - On the day mentioned in the indictment, I went with Mr. Larkin, into the second tier of boxes, in Drury-lane Theatre , about ten o'clock at night; I observed the prisoner in the same box, sitting right behind me, there were several other persons in the box; I had in my pocket-book one hundred and seventy-two pounds in Bank of England notes, and Rochester notes, in my left-hand coat-pocket, I had a surtout coat on; he sat right behind me, just by my left-hand pocket; the prisoner had quitted the box about a quarter of an hour, when Mr. Larkin applied to me for a pencil; I put my hand to my pocket, and missed my pocket-book and all the contents; I then looked round and the prisoner was gone; I made no alarm, but applied to Mr. Larkin; we went immediately to Bow-street, and there we got Limbrick and Pickering, two officers, and returned with them to Drury-lane Theatre; we took our stations in the saloon, Pickering saw the prisoner coming out of the Theatre; upon secin us he made an attempt to run back, but he was taken into custody immediately, and brought out into the saloon, and between his shirt and his skin, under his left arm, notes to the amount of one hundred and seventy-two pounds were drawn out, eighty-seven pounds in Bank of England notes, and eighty-five pounds in Rochester notes; they corresponded exactly with the notes I had lost, in number and amount; he said he found them in the second lobby of the Theatre; he was then taken into custody. Cross examined by Mr. Knowlys. Q. When you tell us what he said, I believe you have omitted one part of what he said - did he not say he found them loose upon the floor, without any pocketbook? - A. He did. Q. This was on the 7th of March, and the weather cold? - A. Yes. Q. Had you taken your great coat with you to the I heatre? - A. Yes. Q. Had you left that great coat in the care of the door-keeper? - A. I did. Q. Did you not, at the time, suspect you had left your pocket-book in your great coat pocket, and go back to search it? - A. Mr. Larkin suspected it, but I did not. Q. Then, in consequence of Mr. Larkin's suggestion, you did go back and search the pocket? - A. I did. Q. The prisoner was sitting in the same box that you were, at one part of the entertainment? - A. Yes. Q. Your party consisted only of yourself and Mr. Larkin? - A. Yes. Q. There were several others in that box in which you were situated? - A. The door opened in the centre, and there could not sit more than one or two at most behind me. Q. Then the box was full? - A. Yes. Q. At this time a great part of the audience had come away? - A. Yes. Q. The prisoner therefore had had an opportunity of leaving the house if he had been so disposed? - A. I believe he had. Q. And yet it was nearly an hour, from the time that you missed your pocket book to the time that you apprehended him? - A. It was. Mr. Knapp. Q. There were only two persons in the seat behind you? - A. That was all that I could at that time distinguish. Q. Did you observe whether the prisoner and that other person appeared to be in company? - A. I did not. - LARKIN sworn. - Examined by Mr. Knapp. I was at the Theatre with Mr. Swan; I saw the prisoner in the box in which Mr. Swan sat, I sat in the next box; the prisoner either sat behind him or along side of him I am not certain which. Cross-examined by Mr. Alley. Q. Do you know if the door-keeper to whom the great coat was delivered is here? - A. I don't know. JAMES LIMBRICK sworn. - Examined by Mr. Knapp. I am one of the officers of Bow-street: in consequence of the desire of Mr. Swan and Mr. Larkin I went to Drury-lane Theatre, in company with Pickering; in consequence of their description of the prisoner, I apprehended him; I did not know him, Pickering did; the prisoner was coming out from the boxes into the saloon. Q. When you apprehended him did he say any thing? - A. No, (produces the notes); I found them rolled up together and tucked in between his shirt and his coat, part of the way down his coat-sleeve; there are two of 20l. five of 5l. one of 10l. and one of 2l. all Bank of England notes; a 10l. Bank post bill; six of 10l. and five of 5l. Rochester, Chatham, and Stroud bank-notes. Court. Q. Which do you call the second lobby of the Theatre? - A. Up one pair of stairs; I think they call it the coffee-room. RICHARD PICKERING sworn. - Examined by Mr. Knapp. I went with Limbrick, and apprehended the prisoner, I knew him before; Limbrick asked him what he had got there; he said they were notes; he asked him what notes; he said Banknotes; he asked him what Bank-notes; and he said he did not know; he said he had found them. Cross-examined by Mr. Knowlys. Q. You found no pocket-book upon him? - A. No. Mr. Knapp. (To Mr. Swan.) Q. Who did you receive these Bank-notes from? - A. From the Rochester bank; I received them from Mr. Dohan. STEPHEN DOHAN sworn. - Examined by Mr. Knapp. I am clerk in the Rochester bank; I know Mr. Swan perfectly well. Q. Did you, at any time, pay Mr. Swan any money? - A. Yes, several times, (refers to his book);here is an entry of my own; I paid him one 5l. one 10l. two 20l. English Bank-notes, four of 10l. of our own Bank, and four pounds in cash. Q. Look at those two 20l. Bank of England notes, and see if those are the two that you paid to Mr. Swan? - A. The numbers and dates correspond. Prisoner's defence. My Lord, and Gentlemen of the Jury. On the 7th of March I went to Drury-lane to see the enterainment; I took my seat in the second tier of boxes; it was very warm; I went out to take a little air, and kicked some papers before me several times; at last I picked them up, and found them to be Bank-notes; I intended to put them into my inside coat pocket, but they had shipped inside my waistcoat; I went back into the box, and staid till the entertainment was over; when I was coming out, I saw Pickering, whom I knew; we spoke to each other, and as I was coming towards the door, Limbrick laid hold of me; Mr. Swan said, in his first examination, that he took his seat at the top of the house, and that it was there that he missed his notes, and now he swears that he was in the second tier of boxes, which is two stories from the top; as to robbing Mr. Swan, I am intirely innocent. GUILTY , Death , aged 28. First Middlesex Jury, before Mr. Justice Heath.

338

Penny-Lyn Beale on 10th October 2021

Australia, Convict Index, 1788-1868 Age; 28.