Richard Clark

135

C H on 28th February 2024

Old Bailey Online RICHARD CLARK. Theft; theft from a specified place. 19th February 1823 Text type Trial account Defendants RICHARD CLARK Offences Theft > Theft from place Session Date 19th February 1823 Reference Number t18230219-69 Verdicts Guilty > Theft under 40s Punishments Transportation London Cases, Before Mr. Recorder. 416. RICHARD CLARK was indicted for that he, on the 30th of August , being servant to Thomas Flint , did steal four shawls, value 7 l.; nine yards of lace, value 40 s.; twenty yards of sarsnet, value 6 l.; nine silk handkerchief, value 3 l.; two scarfs, value 3 l.; a veil, value 13 s.; ninety yards of ribbon, value 3 l.; four pair of gloves, value 7 s.; ten ounces of cotton, value 4 s.; fifty yards of Irish linen, value 6 l.; four yards of velvet, value 40 s.; two yards and a half of Persian, value 4 s.; a feather, value 3 s.; a stock, value 3 s.; one dozen of silk trimming, value 1 s. 6 d.; a fan, value 4 s., and a yard of satin, value 5 s., his property, in his dwelling-house . MR. ADOLPHUS conducted the prosecution. MR. THOMAS FLINT . I am a haberdasher , and live on Fish-street-hill. The prisoner was in my service last year as porter ; he left in September, having lived two years and a half with me. While he was there, I frequently missed property; after he left, he was succeeded by his brother Thomas, and about the 18th of January, in consequence of what passed about his brother, I went with Turnpenny and Bestow, to No. 63, Curtain-road, Turnpenny went in there - and after he returned to me, I went with him to the same house, and saw the prisoner there; I told him they had got his brother in custody, and to clear his character, if he was an honest man, he could have no objection to my searching his premises - he said he had none. I searched in the parlour and bedroom which he said were his - he said, he had no other rooms. I found a great deal of property in the rooms; different kinds of silk goods and lace, cottons, Irish, and other things which I deal in, and were mine. Some of them had my mark on them, and those which were not marked, I knew to have been part of my stock. There was a particular shawl found in his sitting-room, with no mark on it, but which I well knew; it cost me 2 l. 2 s. (his rooms were on the first floor). I found three yards of lace, and a piece of figured sarsnet, measuring twelve yards and three quarters, which I also knew, it was worth about 4 l. Turnpenny tried the bedroom door and found it locked - he said "Richard, we must have the key of the bed-room" - he said it was lost, that the child had lost it, and he could not find it. I said, "Richard, if you are an honest man, you will not object to my searching;" he gave me a chisel, with which I opened it - (I think there was a child in the bedroom) there were several boxes in the bed-room, one of them locked, and several made-up dresses in the drawers; he was asked for the key of the locked box, he said, that was lost, but I believe it was afterwards produced. I was much agitated at the time; he objected to our opening the box, saying it belonged to his sister, and not to himself. On opening it, I found twelve yards and three quarters of sarsnet, and many other articles - and 92 l. in gold - I asked how he came by the money, I think he said his mother had two farms in Ireland, which she had sold, and that was the produce; I particularly well recollect the shawl being missed; we took stock on the 31st July, and some day in the first week in August it was missing. Cross-examined by MR. ALLEY. Q. You do not serve in the shop - A. I do not; I have several servants. MR. ADOLPHUS. Q. Did you ever sell him, or give him any of the property - A. Certainly not; it is a rule with me not to suffer any servant to have goods without their being entered in the book - his brother could not have stolen the shawl, sarsnet, or lace, as he was not in my service at the time. I found fifty yards of linen at his house - he said he bought that of a Jew. WILLIAM BESTOW . I searched the premises with Mr. Flint. I am a silk manufacturer, and live in Wood-street. I saw Turnpenny go into the house, he afterwards came out, and I think I saw a woman and boy come out at the door at the same time, looking after Turnpenny. Soon after Mr. Flint, Turnpenny, and I, returned and saw the prisoner; we went to the first floor where search was made; I stood at the door to prevent any one going out - Mr. Flint told Clark his brother was taken for robbing him, but he believed he was an honest man, and he wished to know his brother's connections; he said, he was sorry for it - Mr. Flint asked when he saw him - he said, on Sunday. A great many things were found in the front room. On opening the drawers, Mr. Flint asked whose these goods were, he said, they were his sister's, who was a milliner. I noticed Mr. Flint's marks on some cotton balls, and on a fan. A shawl was found in the drawers, Mr. Flint said, "This is I believe my property" - the prisoner said he could not tell, his sister might buy it at the shop. Mr. Flint said, he had no doubt of it being his, for it was missed immediately after taking stock. In the drawers we found a great deal of property, and a great deal of lace on dresses partly made up, which Mr. Flint knew. The officer asked for the key of the other room, Clark's mother said in his hearing, that it was lost - we got into the room, there was only one bed there, and a child on it; there were several boxes containing different goods, one was locked - the officer said, the key must be found, or it must be broken open; he found it at last; some Irish linen, several pieces of lace, and ninety-two sovereigns were found in it; he said, he had saved part of the money, and the rest was the produce of some land in Ireland, which his mother had sold. Cross-examined. Q. Do you know Mr. Flint's mark - A. I do. The name of Clark was on the door, and I think, "dress-maker," and something else; The prisoner brought the things away himself, by Mr. Flint's desire, to Fish-street-hill. HENRY TURNPENNY . I went with Mr. Flint and the the last witness to the Curtain-road, on the 18th of January, I went first to the house alone - I saw a little girl, who called Miss Clark, and the prisoner came down; I asked him if Miss Clark was at home, he said, No. I asked if he lived there, he said, he did - I said, in what part of the house; he said, the first floor. I said, by way of excuse, that I wanted one Clark, a little man, who used to live at Westminster; he said, "I am not a little man - I have a brother about my size;" I wished him good evening. Mr. Flint, and the other gentleman with him was standing up the street - I went and told him what had passed, we returned to the house - I went up stairs. The prisoner sat by the fire, and got up - I made search - and found a great deal of property, which Mr. Flint claimed. I asked for the key of the bed-room, and was told by somebody that it was lost. I went to the door, opened it, and found a child in bed, there were several boxes there; we found things which Mr. Flint claimed - there was a large box locked; I asked for the key, somebody said it could not be found; I said, I should break it open, and I believe the prisoner immediately fetched a hammer and a chisel; Mr. Flint opened it; several things were found, and 92 l. in sovereigns in a bag, in a tin box; he said, he had sold some land in Ireland for it, and it was his property. I did not hear his mother's name mentioned; I put the things into a box, and took them to Mr. Flint's, to see if the shop-people would know them, and then took him to the Compter. I searched him in Mr. Flint's dining-room, and found six sovereigns, twenty shillings in silver, an ear-ring, a broach, a watch, three seals, and a key. I searched him again at the Compter, and found two new silk handkerchiefs loose in his pocket, a watch-ribbon, and a pair of gloves, all new. I have returned him 20 l. of the money. Cross-examined. Q. His sister carried on business there as a dress-maker - A. Her name was on a brass-plate upon the door. COURT. Q. Whom did the child belong to - A. He said it was his sister's. It was not said in what part of the house his mother and sister lived - he said the first floor belonged to him; there was a turn-up bedstead in the sitting room, and a bed in the other. All the property was on the first floor. ELIZABETH SOUTHEY . I was in Mr. Flint's employment in July, August, and September, last year. I remember a particular shawl being missed in the early part of August; enquiry was made about it by the young people, and Mr. Flint knew it - I cannot say whether the porter knew it was lost; (looking at one,) this is it - I am positive of it, and the shop mark is on most of the other property. Cross-examined by MR. ANDREWS. Q. Does Mr. Flint sell goods with his mark on them - A. Not this description of goods; trifling things are sold with the mark. I know this shawl as well as I should know my own apparel, and can say with confidence that it is the very shawl which was lost. I was called into the shop twice to see shawls of a similar pattern, but which I could tell was not the one. We never had but one of this kind in the shop - I should know it if I accidently saw it upon a person's back. WILLIAM JOHNSON . I have lived four years with Mr. Flint. I assisted in taking stock in July. I know this shawl - we had but one of the pattern; it was missed a few days after taking stock; it was known through the shop. I firmly believe it to be the same, by the pattern and general appearance. Cross-examined by MR. ALLEY. Q. If you had seen it among six of the same pattern, could you have picked it out - A. I think I could - it had been in the shop some months. (The witness looked at the rest of the property, most of which he identified.) MR. FLINT. I can swear to most of the property. The shawl, scarf, and twelve yards and three quarters of sarsnet, were all missed before the prisoner left. ROBERT DUMEFORD . I am warehouseman to Mr. Flint, and assisted in taking the stock in July, and remember the shawl being missed. I can swear to it; it was missed between the 1st and 20th of August. I cannot say when the other goods were missed. Cross-examined by MR. ANDREWS. Q. Is there any mark on the shawl - A. No. I think I could select it from a dozen others of the same pattern. I never saw another of this quality. MR. ALLEY contended that the counsel for the prosecution was bound to elect upon which article he should proceed; it being evident they were stolen at different times. The Court concurred on the objection, and Mr. Adolphus elected to proceed upon the shawl. MR. FLINT. The shawl I bought for two guineas nett cash. GUILTY. Aged 27. Of stealing to the value of 39 s. only . Transported for Fourteen Years .

135

C H on 28th February 2024

Description Born 1796. Place of birth Cork. Gender male. Occupation Porter. Hair brown (dark brown). Eyes brown Distinguishing marks scar (scar each side eyebrow large scar left arm). Has tattoo no. First recorded 1823.

341

Maureen Withey on 17th May 2019

Abel HICKMAN convict, aged 22, Novr. 14th. At Sea. Complained of pain in the stomach and bowels … 9 Decr. Discharged from Sick List. Journal of Surgeon William Evans, Medical and Surgical Journal of the Asia Convict Ship, between the 28th. June 1823 and the 18th. January 1824 during which time the said Vessel has been employed in conveying one hundred and fifty male convicts from Woolwich to Hobart Town, Van Diemen's Land, N. S. Wales