James Byrne

343

Maureen Withey on 13th March 2023

Tasmanian Records. https://stors.tas.gov.au/NI/1373850 Per Calcutta, 1804 Ocean to VDL. John Byrne alias James, Tried Middx Je. Dy, 17 Feby 1802, 7 years.

343

Maureen Withey on 15th February 2023

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 15 February 2023), February 1802, trial of JAMES BYRNE , otherwise JOHN BYRNE (t18020217-22). JAMES BYRNE, Theft > grand larceny, 17th February 1802. 195. JAMES BYRNE , otherwise JOHN BYRNE , was indicted for feloniously stealing, on the 9th of January , a pocket-book, value 6d. two seven-shilling pieces, and two shillings , the property of John Lawson . JOHN LAWSON sworn. - I am a Chelsea pensioner ; I never saw the prisoner till in a private house in Tothill street, Westminster: On Saturday, the 9th of January, about eight o'clock at night, I went into the Wheatsheaf with another person; I staid there sometime, and asked for a bed, but they had none; a woman said, she would get me one, and took me to a house where I was robbed; she left me there along with Byrne in a bed-room where he was sitting; he asked me whether I was going to sleep in that room or not; I said, yes; he said, I should be served in the same manner a man was the night before, for I should be beat and turned out in the middle of the night, on which I declined going to bed; I asked him if he would procure me a bed; he said, he would endeavour; I sent down for some porter and supper to treat him; he then agreed with a woman who lived with him to go out, provided I would give her money to pay for a bed; I gave him sixpence, and her a shilling; I had two seven-shilling pieces,and two shillings in silver, and a black pocketbook, in my jacket pocket; I put my great coat and close coat over the bed as the cloaths were thin; the prisoner and his woman left me about ten o'clock, and I went to bed; I went to sleep, there was only a latch to the door, and did not see Byrne till about seven o'clock next morning; I heard him coming in, and found my breeches gone, and the pocket-book out of my coat; I told him the situation I was in; he looked about, and found my breeches underneath an arm-chair; he then took up a cane of mine, and said he would pursue the woman who he thought had taken it; he returned in a few minutes after with a pot of beer, and then retired with the stick which I told him to lay down two or three times, but he would not, swearing vengeance, and that he would murder the woman for taking it; I then dressed myself, and went to the office in Queen-square, and the officers apprehended the woman who lived with him; I never saw my pocket-book or money again; he complained that he had lost his instructions from Chelsea, his papers, and money; I had let him read my instructions, and afterwards tied up my book, and put it in my coat pocket, my money was in my breeches pocket; upon my oath, the instructions were put into my pocket-book. JAMES THOMAS sworn. - I keep the Bricklayers Arms, in Strutton Ground, Westminster: On Sunday, the 10th of January, in the morning, a little after six o'clock, the prisoner, a patrol, and some other man, came into my house, and called for half a pint of gin, which the prisoner paid for; they drank it, and had a pot of purl and gin, which the patrol paid for; the patrol had been to Bridewell with a charge which the prisoner had sent; they had many words; I saw the prisoner pull out a small black pocket-book and papers out of it, saying, this will shew who I am; he said to the other man, if you will return me the seven-shilling piece your wife has robbed me of, I will not appear against you at Queen-square on Monday; the patrol and him then began fighting; I don't know whose book it was, I have not seen it since; I saw some papers, but touched none; I think the book has no strap to it. WILLIAM DAY sworn. - I am a smith; I saw the prisoner with a pocket book two or three times on the Sunday morning; I picked up a paper after they were gone out from the place where the prisoner sat; there were several papers in the pocketbook, but I did not see him take any out. ELIZABETH THORNE sworn. - On Saturday, the 9th of January, in the evening, coming down Tothill-street, I went into the Wheatsheaf, and saw the prisoner; he asked my friend to drink; I lodge at No. 27, in the Great Almonry; my friend asked the prisoner to eat a bit of supper with him, being a countryman; he came in about an hour and a half after, I was going to bed, and refused to let him in, but my friend insisted on it; he came up stairs, and sent for something to drink; he took out a seven-shilling piece, and five shillings in silver; he then took some papers out of his pocket, and said, he had been to the War-office, or Somerset house, since he saw me; it was a quarter before twelve when we left the public-house, and half past one when he came home; I slightly saw the papers, but no more. Prosecutor. She has not told you she was sent to prison for robbing him of a seven-shilling piece. Witness. He said he had lost a seven-shilling piece; he pulled out his money several times, and at last got up angry, and said, I had stolen it; he gave charge of me, and I went to the watch-house, but was released on Monday at Queen-square; I don't know that he ever found it again. LYDIA MOODY sworn. - I lived with James Byrne, and saw Lawson at the prisoner's lodgings; I never saw him with a pocket-book; I saw him with two seven-shilling pieces, and one shilling in silver; I know James Byrne had no money that night; I left the room for him to sleep there, and I went to sleep at another person's house, and Byrne went to the public-house; Byrne had a paper of his own, but he never had a black leather pocketbook while I lived with him. WILLIAM DRINKWATER sworn. - I saw the black leather pocket-book and some papers on the 10th of January, in the morning, between six and seven o'clock, at the Bricklayers Arms, in the possession of Byrne; it was the same book I had seen at the watch-house; some of the papers were written, and one was partly printed, like an instruction paper; he said, he had property in the pocketbook, of money he had to receive, but did not say what. BENJAMIN THOMAS sworn. - I am son of James Thomas: I saw the prisoner with a small black pocket-book, and some writings, on Sunday morning, the 10th of January, between six and seven o'clock; I saw the instructions with some red writing on it. Prisoner's defence. On Saturday night, the prosecutor and a woman came up stairs, and wanted to sleep there; he was half drunk, and sent for four shillings worth of gin hot, and for some victuals; we agreed to let them sleep there, he gave Moody some money, and we went away; I went to him in the morning, and he said, that d - d wh - e has robbed me, for I cannot find my breeches; I looked about, and found them; I went to look after the woman, which he knows to be true. Q. (To Lawson.) Did you sleep with a woman that night? - A. No, I did not. Q. (To Moody.) Did he sleep with you? - A. No, he did not. GUILTY, aged 40. Of stealing the book . Transported for seven years . First Middlesex Jury, before Mr. Recorder.