Edward Barry

218

Dianne Jones on 19th April 2021

1828, 3 May: Edward BARRY, 27, was sent from Newgate Jail to the prison hulk Retribution at Woolwich. He was sent from the hulk on 10 July for transportation (see UK, Prison Hulk Registers and Letter Books, 1802-1849). 1828: On arrival in VDL, Edward BARRY was 28, a baker from County Cork and single (see https://stors.tas.gov.au/CON31-1-1$init=CON31-1-1p381). 1830, 20 July: Edward BARRY died in the Invalid Hospital at New Norfolk. 1830, 22 July: Edward BARRY, listed as a 35 year old convict per Manlius, was buried at New Norfolk (see https://stors.tas.gov.au/RGD34-1-1p094j2k).

218

Dianne Jones on 19th April 2021

1828, 21 February: Edward BARRY, born 1800, was convicted at the Old Bailey for housebreaking. The transcript of his trial follows: “First Middlesex Jury - Before Mr. Baron Vaughan. #542. EDWARD BARRY was indicted for that he, on the 7th of December, at St. George, Bloomsbury, being in the dwelling-house of John Ross , did steal therein 16 silver spoons, value 3l.; 1 pair of trousers, value 5s.; 5 sovereigns, 20 half-sovereigns, 8 half-crowns, 20 shillings, three 5l. Bank notes, and 1 order, for payment of and value 8l.14s., the property of the said John Ross; and afterwards,(to wit) about two o'clock in the night of the same day, burglariously did break the said dwelling-house, to get out of the same, against the statute ; and JOHN MURRAY was indicted for feloniously receiving, on the 22nd of January, at All Saints, Poplar, the said order for payment of, and value 8l.14s., knowing it to have been stolen; against the statute. JOHN ROSS. I keep the Red Lion public-house, Little Guildford-street, Russell-square, in the parish of St. George, Bloomsbury. The prisoner, Barry, often slept in my house- my former wife was his sister. On the morning stated in the indictment, the 7th of December, I missed 43l. in sovereigns and Bank notes, also a cheque for 8l. 14s., and sixteen silver spoons; my money was kept in a large box, in the front room, first floor; I had buried my wife that day - I used to sleep in that room, but did not wish till it was cleaned; I had seen Barry that day, at the house; when I returned from my wife's funeral, about half-past one o'clock, he was in the room where the box was, and I thought he seemed in grief - he went upstairs, to the top-room of the house, and I did not see him afterwards, till he was apprehended; my box was locked - I found, about half-past one or two in the morning, that it was brought down stairs from the first floor into the back yard, and broken open; the watchman called me up at that hour - I found my tap-room window let down; I was the last person up at night; everything was secure when I went to bed, the doors and windows - the windows bolt, they have no bars; the watchman had come in at the tap-room window, and came up to my bed-room, and alarmed me; I got up, and found the box in the yard, and the cash which was in it taken out, also the silver spoons; I observed no marks of violence in any part of the house - the box had been broken open with a poker - the lock had been started - suspicion fell on the prisoner, as he never came to the house after. Q. Who slept in your house that night? A. My maid and man-servant, and two children, the eldest of whom is thirteen years old; I found the servants still in bed, at the top of the house, and the children were in bed. Cross-examined by MR. BARRY. Q. You do not know where Barry was when you found the box in the yard? A. No, I do not know who took it down there. COURT. Q. When was the last time you saw him in the house? A. Half-past one o'clock in the day, when I returned from the funeral; I saw him going upstairs at that time; I thought he went up to go to bed, as he had been sitting up the previous night with me. MARY RONAN. The prisoner, Barry, lodged with me, at No. 5, Well-street, Blackwall, Poplar; he lodged with me one night, about three weeks before Christmas, and came back again after Christmas; I cannot tell on what day of the month he first lodged with me - it was only one night, and he came back about three weeks after he left - that was about a fortnight after Christmas; he had a bundle in his hand; he paid me 23s. for the fortnight he had lodged with me; he said he could not give me any more money at that time; he went away, came back again, said he had no money, and gave me a cheque (looking at a cheque of 8l. 14s., produced by F. Fagan) - I cannot read, but this is very much like it; I showed it on Monday morning, the day after Barry gave it to me, to the prisoner, Murray, who is a pawnbroker - I showed it him to tell me what it was; he said it was out of date, and offered me 5s. for it; I do not know whether he was aware that I could not read; he told me the amount of it; I did not agree to take the 5s.; he said if he was to cash it for me, would I take half; I considered a little - I wanted money, and next morning I agreed to that - he gave me four sovereigns and 7s., and the day Mr. Ross came to me about it, Murray sent me the remainder by a man - that was after Barry was taken - he knew the enquiry was going on. Q. Were you to have received any further money from him? A. No; I had agreed to take the 4l. 7s. - I have not had the cheque since; I did not see Barry afterwards. Cross-examined by MR. BODKIN. Q. He lodged with you one night, then left, and returned a fortnight after Christmas? A. Yes - he owed me 30s. for board and lodging - 10s. for a bed, and 10s. for the time he was with me before; I gave him no change for the cheque - he told me the value was 8l. 14s., and said he had no money. COURT. Q. Did he lodge it with you as security, or were you to pay him the balance? A. He said it was as good as money to me, in case he should leave, and go to sea, if he got a ship. MR. BODKIN. Q. You took the cheque to a pawnbroker's shop, kept by Miss Wood, I believe? A. Yes; Murray is her shopman - there was nobody present when I gave him the cheque; there was nobody opposite to me - I cannot say nobody was in the shop. Q. Did you not represent to Murray that you had received it from a lodger who was a very honest man? A. I never named such a thing to him - I said I received it from a lodger; I did not say he owed me 30s., but showed it to him - he offered me 5s. - I said I would not give it him for that; I said I got it from a lodger, but said nothing about his being honest. Q. Now, did not you tell Mr. Ross, after, that you found the cheque in a cook-shop? A. When he first asked me the question; I said so, as I was afraid I could not find Barry, but I went to Gravesend and found him; I did not say when I found it, or where, except that it was at a cook-shop. Q. Was not Murray over and over again, requested by you to give cash for it, before he consented? A. Never; he did not say he would give me half, and the rest when he had ascertained that it was good; I did not send a woman for the rest of the money - her name was not McCarthy; I never sent her to say I wanted the other part of the money to go to Gravesend, to apprehend the person who gave it to me. SUSAN WOOD. I am the wife of Timothy Wood, a corn-dealer, of Poplar. On the 21st of January the prisoner Murray brought me this cheque to change; I looked at it, and it being a late date, I told him I did not think it would he paid at the banker's - he said if it was not I was to return it to him again, and he would return the money, and he put his name on it; it was dated the 22d of November: I gave him the cash for it - my husband paid it away the same day. Cross-examined by MR. BODKIN. Q. You live in the immediate neighbourhood of his employer's? A. Yes; he came to me almost every day for change - he put his name on it without hesitation, before I paid the money; he said he would do it before I asked him; he knew I knew where to find him; it was between ten and eleven o'clock in the morning: he gave me no caution about it, but said if it was returned he knew who he took it of. TIMOTHY WOOD. My wife delivered me this cheque (looking at it) - I paid it away in the Corn Market, on the 21st of January. JOHN COOPER. I am clerk to Messrs. Carries and Co. I paid this cheque on the 22d of January - it came through the clearing, from Messrs. Curtis and Co.'s. FRANCIS FAGAN. I am an officer, and apprehended Barry - I told him about the cheque, but desired him to make no communication to me that might be injurious to him; he said he found the cheque in the street, near Poplar. Cross-examined by MR. BARRY. Q. Where did you get the cheque from? A. From the prosecutor - he gave it to me to-day. I never showed it to Barry. Cross-examined by MR. BODKIN. Q. I believe you went to the shop Murray lives at? A. Yes; he said he had received the cheque from the woman, and had only given her half the amount. JOHN ROSS. This is the cheque I lost - Mr. Reed's name is to it; I received it from him - it was in my box on the 7th of December. I have found nothing else. BARRY'S Defence. I found the cheque in the street, put it into my pocket, and kept it about a week; I was told it was of no use, and gave it to this woman, when I was going on board ship. WILLIAM WOOD OGLIVY. I am in the employ of Miss Wood, the pawnbroker, and was in the shop when Roman came - she was in the habit of pawning goods at our shop; we both knew her: Murray is apprentice there; she came on the 18th, 19th, or 20th of January, and asked Murray if he would change her a cheque - he looked at it, and told her it was an old date, and asked where she got it - she said she had it from a lodger, who was an honest man, and it was for 30s.; she pressed Murray very much to give her cash for it; and, I believe, said he might get it changed where he was known, very likely; he went to Wood's, the corn-dealer's, and got change; she had gone away, and returned in about half an hour, and asked if he had got it changed - he said Yes, and he would let her have half of it, and keep the other half till further notice, till he found whether it was good or not. Q. After that, did he give her any money? A. He put the other half into a drawer, till further notice. Mr. Ross called about it on the 5th of February, and when he was gone Ronan came in and asked Murray to let her have the remainder of her money; he asked her what for, and told her the prosecutor had been there; she said she wanted it to defray her expenses to Gravesend, for the purposes of Justice, to get the man apprehended; she did not mention his name - he asked what she had done with the first 4l. 7s. - she said she had given it to her father, to pay his expenses to Ireland - he sent her the other money. Q. When she first came, did Murray offer her 5s.? A. No, he offered her nothing for it; I was by his side, and must have heard him if he had; he said nothing about what he would give for it. THOMAS SAINT. I am the watchman. I found the window open, and the chest in the back yard; the house was all safe at half-past one o'clock, when I passed; I gave the alarm when I found it open. I think the robbery must have been committed by two persons, as the box was heavy. Five witnesses gave Barry a good character. BARRY - GUILTY - DEATH. Aged 27. Recommended to Mercy by the Prosecutor and Jury, on account of his character. MURRAY - NOT GUILTY.” (see https://www.oldbaileyonline.org/) Note: His sentence was commuted to transportation for life.