Maria Bennett

343

Maureen Withey on 29th December 2021

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 29 December 2021), February 1824, trial of JOHN EASTERBY PETER RYAN HENRY KING MARIA BENNETT (t18240218-60). JOHN EASTERBY, PETER RYAN, HENRY KING, MARIA BENNETT, Theft > burglary, Theft > receiving, 18th February 1824. Before Mr. Justice Best. 492. JOHN EASTERBY , PETER RYAN , and HENRY KING were indicted for burglariously breaking and entering the dwelling-house of John Jarvis , about eight o'clock in the night of the 25th of December , at St. James, Clerkenwell , with intent to steal, and burglariously stealing therein, eight silver spoons, value 40 s.; eight gowns, value 9 l.; six tablecloths, value 3 l.; eighteen towels, value 18 s.; four shawls, value 20 s.; three petticoats, value 6 s.; eight shifts, value 20 s.; twelve pairs of stockings, value 12 s.; a bonnet, value 5 s.; an umbrella, value 18 d.; three salt-holders, value 5 s.; four caps, value 20 s.; eight handkerchiefs, value 15 s.; three sheets, value 12 s.; a pepper castor, value 18 d.; two frills, value 3 s.; two aprons, value 2 s.; a window curtain, value 6 d.; a comb, value 6 d.; a piece of lace, value 4 s., and thirty sovereigns , the property of the said John Jarvis ; and MARIA BENNETT was indicted for feloniously receiving, on the same day, an umbrella, a salt-holder, a pepper-castor, a tablecloth, three handkerchiefs, a comb, a piece of lace, a frill,and a bonnet, part and parcel of the aforesaid goods, she well knowing them to have been feloniously and burglariously stolen . JOHN JARVIS . I am an appraiser , and rent a house No. 24, Goswell-road, in the parish of St. James, Clerkenwell . On the 25th of December, about ten o'clock in the morning, I went out alone, leaving my wife at home, and met her at a friend's at one o'clock. ANN JARVIS . I am the wife of the last witness. I left the house at twelve o'clock on Christmas-day - I shut the doors and windows, and double locked the front door. I returned at eleven o'clock at night, with my husband; he put the key to the door, and found it on the spring lock; I am positive that I had double locked it - he unlooked it. I saw a small bundle laying in the passage. I then called a watchman, who went over the house with Mr. Jarvis. The whole of our wearing apparel was gone, and the house in the greatest confusion; all the drawers and boxes empty - they had not been locked in the morning, as we keep no servant. We found nobody in the house. When I went out at twelve o'clock, while I was fastening the door, I saw the prisoners Easterby and Ryan; they had passed the door, and got two or three yards; when they observed me double locking the door; the key makes a great noise; Easterby nudged Ryan on the arm; they spoke to each other, and turned their heads over their shoulders, and saw me take the key out of the lock. I had seen them before, and am certain of their persons. I went down Rawstone-street, and across Spafields - Easterby followed me as far as Spafields, and Ryan followed me only to the end of Rawstone-street. I was at my door on the Sunday following, (the 28th) and saw Easterby opposite the house, standing looking over towards our door - I looked at him, and he walked on. When I first saw him he stood with his hands in his pockets, and appeared smiling. I found part of my property in possession of the officers. Cross-examined by MR. LAW. Q. You were absent from your house about eleven hours - A. Yes. I knew Ryan and Easterby before, sufficiently to be able to speak to them, and cannot be mistaken. Easterby is of a very striking appearance. Some of the articles stolen were worth more than 40 s., but none of those are found. Cross-examined by MR. PRENDERGAST. Q. Are you sure that you saw Ryan - A. Yes; they were both together. Easterby followed me across Spafields; I saw them talking together as far as Rawstone-street; they walked together as far as there, and then only Easterby followed me. I am positive of both on my oath; I have seen both before. Ryan was not with him on Sunday. I saw Ryan pass the shop about a week after. Q. Were your suspicions sufficiently excited as to induce you to cause them to be apprehended - A. I described their persons to the patrol, and at Bow-street. I did not take them when I saw them, as I did not know that I had the power. COURT. Q. Had you anybody to assist you to apprehend him when you saw him on Sunday - A. I called my husband, and told him that was the man who followed me; he looked at him, and came in again. I am certain they are the men who were by my house. I had seen both before. JOHN JARVIS re-examined. I came home with my wife and unlocked the door, I found it on the single lock, I am certain; I found a small bundle just beyond the door, and being afraid that some one was in the house, I called a watchman - we went over the house - I found the drawers all empty, and the boxes in the garret empty, and some boxes in the parlour empty; every thing was gone - we have only the parlour and three garrets; the other apartments are to let. Every room had been entered - a cupboard on the first floor was broken open, but there was nothing in it. My desk in the shop which I had left unlocked was opened, and thirty sovereigns gone, which I had saved to pay my rent; it has placed me in great distress - I found every thing gone that was worth a farthing. except a little stock of furniture which I had in my house. A parcel of rags were strewed over the parlour - the salt thrown about the room out of the salt cellars. I found four phosphorus matches in the passage; at the bottom of the stairs, two of them were burnt. The lowest value of the property stolen, is 100 l., including the sovereigns. I had a great quantity of sheets and blankets and things. My wife pointed Ryan and Easterby out from seven or eight others, when they were in custody. Cross-examined by MR. LAW. Q. You found matches at the bottom of the stairs - A. Yes, they lead to the garret, and down to the kitchen. There are windows to the kitchen, but the shutters were shut. The front kitchen is secured by iron bars, and has no shutters, and there is a light comes down from the staircase. There was nothing in the kitchen but what they brought up to the passage, which was the bundle, containing two dirty sheets and a petticoat. There is plenty of light below. Q. When the back kitchen shutters are shut, can persons see about conveniently - A. They might not see a pin, but could see any thing as large as a hat; the back kitchen is a wash-house; there is light enough to find every thing which was there, or which they could expect to find in a wash-house; it would be dark if they shut the door. We lost spoons, a pepper-box, salt cellars, and other things; no one has any business in the house but my wife and I. Cross-examined by MR. PRENDERGAST. Q. How many sovereigns did you lose - A. Thirty; seven were found on Ryan. I saw them in the desk that morning. You can see at twilight in the wash-house if the shutters are shut. COURT. Q. In all the rooms except the wash-house was there sufficient light to see to do anything - A. Yes my Lord, it is as light as this Court, and a strong light comes from the staircase and shines into the wash-house. FREDERICK EDWARDS . I am shopman to Mrs. Fothergill, pawnbroker, Aldersgate-street. I have an umbrella pawned on the 10th of January, by Sophia Mills , in her own name, for 1 s. 6 d. I knew her before. I have a towel pawned by the prisoner, Bennett, with her own name, on the 12th of January; she pawned a gown wrapped in it. Cross-examined by MR. LAW. Q. Was Mills bound over to attend here - A. Yes; the towel is a common one, not worth 1 d. MRS. JARVIS. This towel is ours, and was in the house at the time of the robbery. The gown is not mine - the umbrella is my husband's. BARNARD GLEED . I am a constable of Worship-street. On the 10th of January, I went to the lodgings of the prisoner Easterby, in Turk's Head-court, Golden-lane, with Vann, Garton, and Lines; we went up stairs, knocked at his door, and waited twenty minutes before any one would open it; we got in after some time - when we told our names he opened the door himself, and when I got in I found him and Bennett there. I went to the fire-place, where there appeared to be a quantity of things burnt; we found tinder there, which I took up - it appeared recently burnt - cinders were put on it to smother it. I took it up, it was quite warm; a person wanted to speak to Bennett - I went down stairs, and while I was down Bennett escaped. We took Easterby into custody. I went down on the ground floor of the house, which I do not think was occupied by Easterby, but by the landlord of the house - the door was open - the landlord's name is Sheckell - he is not here. I myself found nothing in Easterby's room - the tinder appeared to me to be like muslin handkerchiefs - it was very fine linen - I took it to the window and examined it. Q. Is there any difference between the tinder of linen and paper - A. I cannot say. Bennett was taken a few days after. Q. What did you find in the lower room - A. A basket containing a salt-holder, a pepper-box, a veil, several muslin caps and pieces of muslin, and the lining of a bonnet. When I produced the basket before the Magistrate, Easterby said they were his wife's wearing apparel. Cross-examined by MR. LAW. Q. I presume you are not in the habit of burning fine linen - A. No; I do not know what sort of ashes it produces. The things were all in the basket when Easterby said they were his wife's apparel - the basket was not claimed. I took the things out and produced them before he said so. The salt-holder had salt in it when I found it in the basket. The landlord is a very infirm old man, and can hardly speak. COURT. Q. Was it before the basket was opened, or after the things were produced, that he said they were his wife's - A. After I produced them. JOHN MANCE . I am an officer. I searched this house on the 15th, after the officers had been. I went to Easterby's lodgings, in Turk's Head-court, and found nothing relating to this robbery. On that morning I apprehended Bennett in Mills's room, Little Arthur-street, St. Luke's. I took her up to an upper room, in which was a bed, with three boxes, some hat-boxes, a bonnet-box, and bundle. Bennett took a bonnet off the bed in that room and put it on, and finished dressing herself. (I had taken her in Mills's room.) I asked her who the boxes belonged to - she said they were a person's who was coming there to lodge. I took her down stairs, and asked Mrs. Mills, in her presence, who the property belonged to - Mills said it was Bennett's property, that she had brought it there. Bennett then said it was hers, and gave me the keys of the boxes, which opened them, and in them I found a table-cloth, a towel, and comb; and in the bonnet-box, two frilled handkerchiefs; and on my way with her to her former lodging, where Vann was, I asked her who the basket belonged to; she said it had been her mother's, and was given to her by her sister. I then asked if the ribbons and lace were hers; she said that they were, and that she left them with her landlord on the Friday. Cross-examined by MR. LAW. Q. Did not Mrs. Mills call her Mrs. Easterby, instead of Mrs. Bennett - A. No. The basket was not produced when I was talking to her about it - the table-cloth is not of much value - she might have such a one of her own - none of the articles would be too good for her use. THOMAS VANN . I am a constable of Worship-street. In consequence of information, on Friday, the 9th of January, I went to the lodging of the prisoner King, in Bell-place, Bell-alley, Goswell-street - King was in the room. I asked how long he had lived there - he said "Rather better than three months." I said, "Is the room furnished" - he said No, the things were his own. I said, "Then all the property in this room belongs to you" - he said Yes. We then proceeded to search the room, and under the bedstead, on the floor, were two bundles, containing a salt-cellar and a piece of lace, among other things. Next morning, I went to Easterby's with the officers, and saw the tinder in the fire-place. We found nothing in the room relating to this robbery, but the three boxes which were afterwards found at Mills's were the same boxes which we searched in Easterby's room - I am certain of it. On the 14th, I apprehended Ryan; and between his bed and the sacking I found seventeen sovereigns, tied up in a piece of old rag. Before I opened it I said, "Halloo! what is here?" He said, "There is seventeen sovereigns, but they are not mine - they are my wife's, which she has saved up." At the office, Easterby said the salt-cellars were given to his wife by her mother. Cross-examined by MR. PRENDERGAST. Q. Where did you find the sovereigns - A. In Ryan's room. I know that he did live there - I think I have seen him there before - I know that it is his room, and know the woman he lives with - he was in the room with his wife, and had just got up, but was not dressed. THOMAS GARTON . I am an officer. I went with Gleed and Vann to Easterby's room. We were kept outside full twenty minutes. I kept down stairs, and the others went up; and when they got in, I went up stairs. A woman said, "They are at home." I passed her, and on going up the second flight of stairs, through a crevice in the wainscot, I saw a hand; and said to Gleed, who stood at the door, "There is somebody within - I saw a woman's hand;" and then the door was opened. A saucepan was on the fire; I took the lid off - there was nothing in it - I took it off, examined the chimney, and found nothing; but I saw all the ashes had been taken off the back of the fire and from under the grate, and patted down. I took the poker and stirred the fire, and tinder fell out. I said, "Something has been burnt." Bennett said, "I have been burning a bit of rag." Easterby said, he would not open the door without a warrant; I said I should break it open - he then opened it. JOHN LINES . I am an officer, and was with Garton; his account is correct. MRS. JARVIS. (Examining the property.) Here is a salt-cellar, which I know, but my husband can speak best to it; the lace I am sure is mine, and was on a cap when I lost it. I had washed and ironed all my caps the day before. The property in the basket is ours; here is the lining and ribbons of my bonnet; the lace and handkerchiefs are mine, and a muslin curtain, which I have thefellow to - and here is the fellow-piece of the ribbon - one curtain was left, they match; here is a handkerchief which was taken, and here is the fellow one left behind; the one stolen had not been washed, but the other has; here is an apron, but partly made. I have a piece of the same, which was left behind; here is a salt-cellar which I had chipped at the corner in washing; all the things are ours. (Examining the property found in Bennett's room at Mills's house.) Here is a small breakfast-cloth and two towels; the towel pawned with the gown is mine, and the pepper-box. I believe everything produced to be ours; it was in the house on the day of the robbery. This is but a very small part of the property stolen. Sophia Mills being called, did not appear. JOHN JARVIS . I know the salt-cellar found at King's. I have the fellow one here; there is a piece broken at the side, which was done before I lost it. I know the pepper-box. I had rubbed it to make it stand steady - here is another salt-cellar, which I know. The umbrella I had rivetted a new ferrule on myself with a nail, and marked the handle in doing it - it was open in the parlour when I went out. Cross-examined by MR. PRENDERGAST. Q. Were your sovereigns wrapped in rag - A. No; they were in a black purse. THOMAS VANN re-examined. I was ordered to deliver all the sovereigns up to the prosecutor. I have given the Sheriff fourteen, and the prosecutor the rest. I have forgot to state, that I found seven sovereigns on Easterby. KING'S Defence. The property found at the place I know nothing of. I did not know that it was there; the woman could give a good account how it came there. I was absent when these things were brought up. EASTERBY - GUILTY - DEATH . Aged 34. RYAN - GUILTY - DEATH . Aged 18. * KING - GUILTY - DEATH . Aged 27. * See the next case. BENNETT - GUILTY . Aged 23. Transported for Fourteen Years . --------------------------------------------------- Convict Permissions to Marry. William Boyce, per Tottenham, age 27, 7 years, Free; and Maria Bennett, per Grenada (3), age 26, 14 years, bond. Date of Permission, 3 May 1826, Sydney, Revd. Richard Hill. --------------------------------------------------- Another important Inquisition was taken at the Cherry Tree Gardens public-house, on the Parramatta-road, on Saturday last, on view of the body of Mr. John Barker, late proprietor of the Cheshire Cheese public-house, on that Road. The jury having been sworn, the following evidence was gone into. William Meredith, constable, deposed, that in the course of the preceding evening, his duty led him to the Plough Inn, about a quarter of a mile from where the inquest was assembled. Whilst there, two persons, man and wife, named Boyce, came in. This was about twenty minutes to twelve o'clock, at night. These persons came to report that Barker was dead; they said he had died suddenly; witness proceeded, in company with another constable to the place where it was reported the deceased lay, and found him lying under a peach-tree, quite dead ; a man of colour was standing by in a state of intoxication, in consequence of which, he was taken to the watch-house ; it seemed as if the body had been dragged a distance of some yards to where it lay ; deceased had no hat on, but a hat was afterwards found about twenty yards from the spot, which witness has no doubt belonged to the deceased ; previous to finding the hat, on the representation of the man of colour, witness was induced to go into Boyce's house, where he said the deceased's hat was, but we did not find any hat there; Boyce said the hat was there, but his wife denied having seen the deceased or his hat since dusk, until she saw him lying under the peach-tree ; knew the deceased well, and was aware that he had for some time been carrying on an illicit intercourse with Maria Boyce ; did not find the deceased's hat till an early hour this morning ; it did seem as if something had been drugged along the ground from the spot where that was found to where the body lay, but witness cannot undertake to say what it was. To the Coroner — Cannot swear he is of opinion that the deceased had been dragged along the ground, though it is not improbable such an opinion would be a correct one. Charles Morrison, a hostler in the employ of the landlord of the Cherry Tree public-house, deposed, that about twelve o clock the previous evening, he was sent by his master with a man named Philip Mason. On approaching Boyce's hut, he distinctly heard the man of colour say three or four times, "Poor Barker !" on this he was induced to enter and enquire for Barker. The people in the house were nearly all intoxicated at the time ; witness took a lighted candle and looked under the bed in search of the deceased, when the man of colour said Barker was lying under a peach-tree, dead ; witness went with the black man who shewed him the spot where deceased lay ; the man of colour was somewhat intoxicated. William Stephen, a man of colour, deposed, that he is a brickmaker and had resided in William Boyce's house for the last six or seven weeks ; that on Friday last, about 9 o'clock in the evening, he saw William Boyce strike the deceased two blows with his clenched fist in the neck, under the right ear, on which Barker fell down on the floor ; that whilst in this situation, Maria Boyce kicked him twice in the ribs on the right side ; saw Boyce and his wife lay hold of Barker's