Benjamin Constable

221

D Wong on 27th May 2016

Old Bailey: BENJAMIN CONSTABLE, ELIZA Constable, Theft > theft from a specified place, Theft > receiving, 17th May 1820. Offences: Theft > theft from a specified place; Theft > receiving Verdicts: Guilty > with recommendation; Not Guilty Punishments: Death BENJAMIN CONSTABLE was indicted for stealing, on the 10th of May , at St. George, Hanover-square, 13 pair of pistols, value 30 l., the goods of Isaac Riviere , in his dwelling-house , and ELIZA, the wife of the said Benjamin Constable , was indicted for feloniously receiving the same, well knowing them to have been feloniously stolen . ISAAC RIVIERE . I am a gunmaker , and live at No. 315, Oxford-street , the male prisoner worked for me. I lost about four pair of pistols, and afterwards missed more. They were finished, and kept in a drawer under the counter in the front shop - he worked in the back shop and did not serve. I missed four pair of pistols on the 10th, went to Tates, the pawnbroker, on the 11th, and found six pair. I had seen them safe about two days before. I afterwards found more at Harrison's and Leighton's. I went to the prisoner's apartments, but found none there. JOHN DAVIS . I am a general salesman. On the 11th of May, the prosecutor sent for me. I went to the Malborough-head, public-house, and in my presence the prisoner delivered over six duplicates - another was found in his fob. WILLIAM KING . I live with Mr. Tate, who is a pawnbroker, and lives in Cambridge-street, Golden-square. On the 10th of May, a man about the size of the male prisoner, pledged a pair of pistols with me for 14 s., and on the 15th of February the female prisoner pledged a pair in the name of Constable. I asked if they belonged to her? she said her husband made them for sale. JOHN FOUCH . I am shopman to Mr. Harrison, who is a pawnbroker, and lives at No. 95, Wardour-street. On the 15th of February, a woman pledged a pair of pistols, and on the 29th of April, she pledged another pair. I have also a pair which Mr. Harrison received. THOMAS STEPHENS . I am shopman to Mr. Leighton, who is a pawnbroker. A pair of pistols were pledged with with me on the 29th of October, and on the 16th of March, another pair for 7 s., in the name of John Adams . I have no recollection who pledged them, the duplicates are my writing. I believe the male prisoner is the man that came on the 29th of October, but cannot swear to him. I have no knowledge of having seen him. JOHN DAVIS re-examined. The prisoner delivered me the duplicates of the six pair. ISAAC RIVIERE re-examined. I found the six pair at the pawnbrokers before the prisoner gave up the duplicates, the best pair cost me four guineas and a half, they are double barrelled. I know them all to be my property, I never sold them. Prisoner B. CONSTABLE. I confess myself guilty, but wish to vindicate my wife of receiving them, she did not know they were stolen. I throw myself on the mercy of the Court. B. CONSTABLE - GUILTY - DEATH . Aged 24. ELIZA CONSTABLE - NOT GUILTY . Recommended to Mercy - considering it may be his first offence, and the ease with which men find in getting rid of property by the negligence of pawnbrokers. 1829: TOL Sydney 1831: TOL Sydney 9/1/1832: TOL – Revoked – for making housebreaking implements. 1838: TOL Bathurst 1/7/1846: CP 10/6/1850: Larceny at Bathurst – Stealing firewood – no outcome. 1857: Drunk – Bathurst. 1871: Died at Parramatta aged 74. No marriage or children found.