John Doyle

110

Ron Garbutt on 18th January 2023

TRIAL Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 18 January 2023), February 1846, trial of JAMES WILMOTT JOHN DOYLE JOHN KELLY (t18460223-757). JAMES WILMOTT, JOHN DOYLE, JOHN KELLY, Theft > burglary, 23rd February 1846. 757. JAMES WILMOTT, JOHN DOYLE , and JOHN KELLY , were indicted for burglariously breaking and entering the dwelling-house of Thomas Milligan, at St. Pancras, about the hour of four in the night of the 17th of Feb., with intent to steal, and stealing therein, 1 coat, value 10s.; 1 hat, 15s.; and 1 handkerchief, 2s. 6d.; the goods of Thomas Wormald; 1 thimble, value 6d., the goods of Mary Ann Milligan; 1 time-piece, value 3l.; and 9 spoons, 2l. 10s.; the goods of the said Thomas Milligan: and that Kelly had been before convicted of felony; to which WILMOTT pleaded GUILTY . Aged 19.— Confined One Year. MARY ANN MILLIGAN . I am the daughter of Thomas Milligan—he lives at No. 23, Gloucester-crescent, Camden-town—it is his dwelling-house, and is in the parish of St. Pancras. I went to bed about half-past eleven o'clock at night on the 17th of Feb.—I believed I was the last person up—I am sure all the doors and windows were shut when I went to bed—I got up in the morning about a quarter before seven—I found the glass entirely broken out of a window—I missed table-spoons, dessert-spoons, and tea-spoons, a coat, handkerchief, time-piece, and thimble—these are the articles—they are my father's—the thimble is mine. Cross-examined by MR. PAYNE. Q. When did you last see any of these spoons? A. On the evening of the 17th of Feb.—Mr. Wormald, my sister, and two servants, were in the house—I thought I was the last person up, but it turns out that one of the servants was, who is not here. THOMAS WORMALD . I am a solicitor—I lodge at No. 23, Gloucester-crescent, Camden-town. I was called up about seven o'clock in the morning on the 18th of Feb.—I found a pane of glass taken out of the water-closet window, and on the seat I found this knife—on the parapet dividing that house from the next, I found two pairs of shoes, which had been left by somebody—my coat, and hat, and some other things, had been taken—this is my coat and hat—there was a key of my chamber in the coat pocket, which is gone—but there was a handkerchief in the pocket, which I can identify—this is it. Cross-examined. Q. A pane of glass had been taken out? A. Yes, that would enable them to undo the fastening of that window if it were fastened—it was about fifteen inches square—a person could get in. JAMES BATT . I found these seven silver spoons on the door-sill of Mr. Joseph's house, No. 3, Gloucester-street, on the morning of the 18th of Feb., between seven o'clock in the morning, and a quarter-past—I gave them to the officer. WILLIAM SCHOFIELD . (police-constable S 135.) I was on duty in park-place, at twenty minutes before five, on the morning of the 18th of Feb.—I saw the three prisoners coming from Gloucester-crescent, in company—Wilmott and Doyle had no shoes on—they came up towards the York and Albany, and Kelly turned to the left to go down Park-street—I followed Wilmott and Doyle—I said, "Halloo, my lads, what are you doing without shoes?"—Doyle said, "I sold my shoes for 2s. 6d."—I called Moore—he came up, and put his hand into Wilmott's pocket, and took out two spoons—I turned, and saw Palmer—I sent him after Kelly—I found on Doyle 7 1/2 d.—these shoes appear to fit him—they are rather too large, but there was a piece of white rag in the toe. Doyle. Q. When I came up had I any stockings on? A. No—Wilmott had stockings on, but you had no stockings, nor shoes—you did not tell me that many a better lad than you had no shoes, and that the shoes you had were worn out. WILLIAM MOORE (police-constable S 82.) I found these two spoons on Wilmott—this coat, and this hat, and handkerchief, I took from Wilmott at the station—I had seen the three prisoners together on the Sunday morning previous—I searched Kelly then, and found on him this knife, which Mr. Wormald found in the water-closet on the morning of the 18th of Feb.—I can swear to it. Cross-examined. Q. You found nothing on him but this knife, and gave it him back? A. Yes—I can swear to it by the name of Hoby or Toby on it—Kelly said he was a drover, and used it to cut the wool of the sheep with—he said he was waiting for a flock of sheep. JOHN PALMER (police-constable S 129.) I followed Kelly to No. 3, Gloucester-street, and saw him start again from there—that was where the spoons were found. MARY ANN MILLIGAN re-examined. Q. Had you gone to the watercloset that night? A. No—the servant is not in the habit of going there—it was fastened by a handle—I am sure it was fastened when I went to bed at night. Cross-examined. Q. Do you mean you tried the door at all? A. It was not fastened on the outside—there is no lock to it—it shuts as any other common door does—I know it was shut, because I passed it. Doyle's Defence. At half-past twelve o'clock that day, I was standing at King's-cross; I met two wagoners; one of them said, "Have you anything to do?" I said, "No;" he said, "I will give you bread and cheese, and 6d. to come and get two loads of dung;" we got it, and then it was twelve at night; I went into the hay, and slept with five or six more; he gave me 9d. in the morning; I laid out 1 1/2 d., and kept the 7 1/2 d. till there was a marine-store shop open, to get me a pair of shoes, as I had left my own at home. FRANCIS MANSEN (police-constable S 87.) I produce a certificate of the prisoner Kelly's former conviction, by the name of Patrick Doyle—(read—Convicted 4th April, 1842, and confined three months)—he is the person. DOYLE**— GUILTY . Aged 17. KELLY— GUILTY . Aged 19. Transported for Ten Years. https://www.oldbaileyonline.org/print.jsp?div=t18460223-757