Robert Day

343

Maureen Withey on 26th June 2023

His original Trial: Robert Day, per Eliza (2), Tried at Penryth by Jno. McHenry Esq. Sentence: Transported for Remainder of original sentence, 7 June 1823. Date of return: Died 6 Aug 1823. Groom. Original conviction: London, 5 Dec 1821, 7 years. Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 26 June 2023), December 1821, trial of ABRAHAM MYERS ROBERT DAY (t18211205-91). ABRAHAM MYERS, ROBERT DAY, Theft > grand larceny, 5th December 1821. 94. ABRAHAM MYERS and ROBERT DAY were indicted for stealing, on the 27th of October , one wrapper,value 1 s.; twenty-eight pieces of calico, value 22 l., and four hearth rugs, value 4 l. , the goods of Thomas Holloway . SECOND COUNT, stating it to belong to Thomas Carrison . THOMAS HOLLOWAY , I live at Romford, Essex. I had bought twenty-eight pieces of calico and two hearth rugs of Messrs. Clark and Boyd, in town, and directed them to be sent by Carrison's waggon, from the Saracen's Head, inn, Aldgate. They were packed in two parcels - one I received, the other I did not; but found it at the office in about a week, and knew them. I had put a private mark on them when I bought them. THOMAS CARRISON . I belong to the waggon . These two parcels were in my waggon, they were safe when I was in Whitechaple, at the Rabbits, public-house, about six miles from town. I never missed them till I got to Romford. Cross-examined by MR. LAW. Q. In what part did you put them - A. At the bottom of the waggon, nothing was on the top of them. I was at the Rabbits, public-house, at a quarter before seven o'clock. THOMAS BROWN . I am a watchman. On the 27th of October, about two o'clock in the morning, I was in Wentworth-street, Whitechapel, and saw a hackney chariot come down Gulstone-street, from Whitechapel, driving very slow, as the road was bad, I looked at it as it passed me, and could see nobody in it. I followed it down Bell-lane, it turned up a short street out of Bell-lane, and stopped at the third door, the coachman was then off his box, and the coach door opened, I cannot say by whom. I had seen Myers following the coach down the street, about forty yards behind. Day is the coachman. When it stopped, I saw them one on each side the coach door, I went up and collared Myers - he begged of me to stash it, which means say nothing about it, he offered me 2 l. to let the property go into the house. Day was present, I said neither 2 l. nor 20 l. would do. I sprung my rattle, another person then came out of the house. I found nobody was coming to my assistance. Myers still pressed me to let it go into the house, and I should have a share in the swag. I said it was of no use, he must go with me, and ordered the coachman to back, which he did. I told him to turn his horses heads and follow me, which he did. I took him up Bell-lane and Winfield-street, and gave my partner charge of Day and the coach. I had Myers by the collar all the time. Cross-examined. Q. They both went quietly to the watch-house - A. They did. Myers was not in the coach - he had not stopped half a minute. The person who came out of the house walked off directly. Cross-examined by MR. PRENDERGAST. Q. The coachman took no part in the business - A. No; he followed me down the street when I told him, without being held. The property was all loose in the coach. THOMAS BOLTON . I am servant to Messrs. Clark, Boyd, and Co. Mr. Holloway bought the things, I delivered them to the Saracen's Head Inn. (Property produced and sworn to.) MYERS'S Defence. The watchman swears false. DAY'S Defence. I was not off my box all the time. MYERS - GUILTY . Aged 21. DAY - GUILTY . Aged 24. Transported for Seven Years . First Middlesex Jury, before W. Arabin, Esq.

343

Maureen Withey on 26th June 2023

Colonial Secretary Index. DAY, Robert. Per "Eliza", 1822. 1822 Nov 26 On list of convicts landed from the "Eliza" and forwarded to Emu Plains for distribution (Reel 6009; 4/3506 p.474) 1823 Jun On return of convicts discharged from the Establishment, Emu Plains; to Port Macquarie (Reel 6028; 2/8283 p.143) 1823 Jun 24 On lists of prisoners transported to Port Macquarie per "Sally" (Reel 6019; 4/3864 pp.55, 410-1) ------------------------------------------------------------------------ On lists of prisoners transported to Port Macquarie per "Sally" . Robert Day, per Eliza (2), Tried at Penryth by Jno. McHenry Esq. Sentence: Transported for Remainder of original sentence, 7 June 1823. Date of return: Died 6 Aug 1823. Groom. Original conviction: London, 5 Dec 1821, 7 years.