Henry Dyer

342

Maureen Withey on 18th October 2023

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 18 October 2023), January 1829, trial of HENRY DYER (t18290115-107). HENRY DYER, Theft > pocketpicking, 15th January 1829. 372. HENRY DYER was indicted for stealing, on the 14th of December , 1 handkerchief, value 2s., the goods of John Jones , from his person . JOHN JONES . I live in Langford-street, Portman-square. On the 14th of December I was returning home up Holborn-hill , about eight o'clock at night, and about five minutes before I missed my handkerchief, I am quite certain it was safe; I did not miss it till the witness gave me information - I then felt, and missed it: I did not see the prisoner then; I have never seen the handkerchief since - it was a silk one. THOMAS TOOLE . I am a journeyman shoemaker, and live in Goswell-street. I was coming down Holborn-hill a little after eight o'clock, and saw four young men in company with each other - the prisoner was one; Mr.Jones was coming towards me - I saw them all four follow him up as close as could be, put their hands into his pocket, and lift it up two or three times; at last they took the handkerchief out - the prisoner and another were close together behind him, and the other two were behind them; the prisoner, I think, was the one who took it - I saw his hand near the pocket; I saw Brown, the watchman, coming up - he put his light into two of their faces, and said to the prisoner, "What handkerchief have you got there?" he had a handkerchief in his hand - the prisoner replied, that it was his own to be sure; I thought the handkerchief was red and yellow - I could not see whether it was silk; he walked away, and Brown put his light into the other's face, and then they all walked away together - Brown went after them; I spoke to the prosecutor - he felt, and missed his handkerchief; I went with him, and saw the watchman at the end of Field-lane - I turned up Field-lane: the prisoner was coming down the lane again - I said, "This is him," and he was taken; I am certain he was one of the four - he was searched, and nothing but a handkerchief found on him; I thought it was the same I had seen in his hand - he had stopped at the corner of Union-court, and wiped his face with it: Jones did not claim it - he said it was his own. Cross-examined by MR. PHILLIPS. Q. That handkerchief is the same colour as the one you saw in his hand? A. Yes - I did not see the watchman till he put his light in their faces; I then followed the other two: I had not time to tell him, there were so many people passing; I went after them directly, and when I turned round, I could not see the watchman again - I am in Mr. Gibson's employ; I did not see a handkerchief in the prisoner's hand before the pocket was picked, but a minute or two after he was wiping his face with one; it appeared to me to be red and yellow - he was taken in about eight minutes; I know Kennedy - he worked with my father; I never received any money from him - he is a trustworthy man, as far as I know; I received no money from any woman, in his presence, on any account - he never asked me for a receipt for any money; I was at the Maidenhead public-house, in Goswell-street, with him - I had some gin and beer; Kennedy was there, and a woman, who said she was the prisoner's wife - I refused the money; I did not say I would not take it before a third party: his wife paid for the gin; I thought it no harm to drink it -I doubt her being his wife. COURT. Q. Was this before or after the prisoner was committed? A. After - about a fortnight after he was taken up; I do not know where the woman lived - she found me out, and not I her. RICHARD BROWN . I am a watchman of St. Andrew, Holborn. I was calling eight o'clock, and passing down the hill - there were a number of people together; I looked round, and saw some characters I did not approve of - the prisoner was one of them; I knew him before; I had just come out of the watch-house - I turned round, and perceived the prisoner, and another by his side; I was on the curb, and did not see Mr. Jones, to my knowledge - I turned my light round, looked very sharp towards him, and saw him; I believe it to be him, but the other was not much unlike him, either in person or dress- I saw him rising, and taking up a handkerchief from the ground, as I considered; he put it up to his mouth: I put my light up towards him; it seemed a sort of red and yellow, or red and white, handkerchief - I turned round, and threw my light into his companion's face; I then went round to a third one - I knew them all to associate together on the hill; I saw a female there, who, I believe, passes as the prisoner's wife - she avoided me; I turned, and saw the prisoner pass down Field-lane; Toole came running up to me, in two or three minutes, and said the gentleman who had been robbed of his handkerchief was coming back, and informed me of the robbery - I then went with him down Field-lane, and saw Dyer coming up: Toole said he was the man who took the handkerchief: he was alone, returning towards Holborn- I then apprehended him, and endeavoured to take him to the watch-house, but not without considerable resistance, fighting, kicking, and taking hold of me by my neckhandkerchief; I was obliged to tear his clothes to hold him. and called the neighbours to assist me: Toole had hold of him, as well as me; I told him what I took him for - on our way to the watch-house, two of those I had seen in his company before he went into Field-lane, were pressing very hard upon me, and his resistance becoming stronger, I was obliged to use my staff to protect myself, and threatened them - I should know them again; I saw them the next day, in Guildhall-yard, and pointed them out - he was searched, but nothing found on him, except a handkerchief, with a kind of chocolate bird's-eye, that I had seen in his hand in Field-lane; it was folded up, as if it had come off his neck: Mr. Jones said it was not his. Cross-examined. Q. Had not the prisoner a neckhandkerchief on? A. Certainly; he had this in his hand- he had a light handkerchief on when I held my light to his face; I could not exactly see what kind of handkerchief was on his neck, as the one he held in his hand concealed it: the other man was near him; I had to walk a little way to put the light in the third man's face, but he avoided me - the prisoner knew I was a watchman; there are twenty places where he might have got rid of the handkerchief - the one he had when taken, was not the one I saw him rising with; it was not a chocolate colour, I will swear: I said to the prisoner, "You have picked up a handkerchief;" he said, "Well, if I have, it is my own:" I did not then know of the robbery, or I should have taken him; I described the handkerchief I saw him with - Jones, and a lady who was with him, said that was the colour; I have seen Toole before at different times - he attends there to assist the officers, or watchmen, I understand. COURT, Q. From your observation of the handkerchief he had, and the one found on him, can you, with certainly, say they were not the same? A. I am positive of it: I told the prisoner it was not the one I had seen him with. MR. PHILLIPS to THOMAS TOOLE. Q. Have you never assisted the officers in seizing people? A. If there is any thing amiss, and they call me, I suppose I am compelled to do it - I cannot say how many charges I have given evidence on; I am not out except on Sundays - I may have given evidence seven or eight times; I was refused my expences once, because I was not exactly on the trial; I never did it for lucre - I never got above 10s. THOMAS WILDEY . I am superintendent of the watch. The prisoner was brought to the watch-house; I searched him and found a handkerchief in his pocket and 6s. 6d. -Jones did not claim the handkerchief: Brown said the one he saw taken was a red and yellow one; Jones and the lady said that was near the colour - it took ten of us to keep the gang off, as we took him to the Compter - it was as much as we could do to handcuff him; knowing him to be a desperate character we wanted to handcuff him behind, but could not: as we we went along, he said, "Let me take out my chive," (which means knife) previous to that he floored me in the street, by putting his feet before me. Cross-examined. Q. Was a knife found on him? A. No; we were dragging him along, his hat fell off and he would not go without it - he said, "Now put my handkerchief into my hat, or else I won't go;" the watchman carried it - he said, "Now put it on my head," and he did so. COURT. Q. Did he make a violent resistance before his hat fell off? A. No, afterwards in Skinner-street - persons surrounded us all the way from the watch-house. JOHN JONES re-examined. I saw Brown in the watch-house, but did not hear him describe the handkerchief; I had a lady with me - I do not recollect her making any observation about it - it was brown, yellow and black; the same as this border. (producing one.) MR. PHILLIPS. Q. You would not call it red and white? A. I cannot call this white. Prisoner's Defence. I had been drinking with a friend, and was rather intoxicated - they wanted to handcuff me with my own handkerchief, and used me very basely, knocking me about, and kicking me; I would not allow them to handcuff me with the handkerchief, being in liquor, but I am totally innocent of the crime. BRYAN KENNEDY . I worked with Toole's father at shoemaking, about five years ago - I now work for myself; I was at the Maidenhead public-house with Toole, and the prisoner's wife; I saw two sovereigns laid on the table- we had some gin which she paid for; I heard her ask Toole for a receipt outside the door - he told her it was all right, there was no occasion for any receipt. COURT. Q. Who put the sovereigns on the table? A. The prisoner's wife; she put them to Toole to settle the business between the prisoner and Toole - I have known the prisoner four years, by mending his shoes. Q. Where did you find the prisoner's wife? A. She came to the shop where I live, in Lower West-street, and asked if I knew young Toole; I told her I did - she begged me to come with her to Goswell-street, where he is employed; I believe she knew him before: she asked me to go to settle the affair between Toole and her husband, he being confined in Gaol - I heard he was confined, being taken taken up by Toole in Holborn; I did not know what for - she did not tell me, but when she offered the money, I heard her say he was never guilty of taking the handkerchief; I would not have wished to be present if I had known any thing about it - nothing was settled before me; I did not see Toole take the money, only she laid it down before him - he called her out, and said he wanted to speak to her outside the door; she and he went out - the sovereigns then laid on the table where I sat; there was nobody inside the room but me - she said she had borrowed the sovereigns and it was more than she could afford; he then said he wished to talk to her outside - she came back and said to me, "He won't come in; he don't like to take the money before you;" I said, "Come in," and he said,"Yes, I will, if you will go out" - I came out and he went in: I saw him come out again - she then said, "I should he glad to have a receipt for the money;" he said there was no occasion, he would make it all right. Q.How long had the prisoner been in Gaol? A. I was informed he was taken on Sunday - this was the next evening; I never told this to anybody till I came here - I never mentioned it to the prisoner's attorney, or to anybody till a little before five o'clock this evening; I was told I had to come into Court - I had never mentioned it even to my wife and family. Q. Did you tell the woman this was a very improper thing? A. Indeed I did not understand about that; that laid in the man's own breast - I said to Toole, "Now you know best, whether it is best to take it or not." MR. PHILLIPS. Q. The prisoner's wife knew you could prove this? A. Yes. THOMAS TOOLE . I can contradict this altogether; Kennedy came to me at different times, and asked me to take 3l. to settle it - I said I would take no money whatever: he then asked me to make the thing as easy as I could - I said I would not say more than I had before the Magistrate; they came two or three times to make it up, and Mr. Gibson came and fetched me to make it up. MR. PHILLIPS. Q. Did you drink with the prisoner's wife? A. I did, and she proposed to give me 2l.; I said I would have nothing, and I told Mr. and Mrs. Gibson so- Kennedy was the first person who came to me and said I had better take it. BRYAN KENNEDY re-examined. Q. Before the prisoner's wife appeared, did you not propose to Toole to take money to make this up? A. No; I told him she would give him 2l. as she told me, and said, "You know the difference, whether you will take it or not" - that was before he saw the prisoner's wife; just before, she was standing alongside of him, but he did not see her; it was the night before we met at the public-house, and he said, "Make up as much as you can - come on Monday night and we will settle it." Q. You said before, that you knew nothing of it till she came to take you to Toole? A. No; it was the same night- she got him the money that night, but he did not take it, and on Monday she offered it again; I believe it was on the Monday night following, but I cannot say - I know Mr. and Mrs. Gibson. THOMAS WILDEY . When I was taking the prisoner to Gaol, his wife offered me a sovereign; I said No, I was not going to lose my situation for a paltry sovereign - this was in the prisoner's presence. Prisoner. That man went and drank liquor with me before we got to Newgate; we sat in the public-house a long time - my wife was with me; he proposed for her to give him money, and to raise what I could. THOMAS WILDEY . It is not true; I did go into a public-house with him and his wife, to oblige them, as he said he was very cold, and had had nothing to eat - they had a pot of ale, and, I believe, a glass of gin; his mother and a little girl were there - I did not propose to make it up; I had a glass of ale at his expence - I told him if he offeredme fifty sovereigns I would not take it - I know it is against orders to go into public-houses with prisoners, but it was entirely at his request. GUILTY . Aged 20. Transported for Life . --------------------------------------------------------------------- Irish Convict Database, by Peter Mayberry. Henry Dyer, alias Dwyer, age 21, per Waterloo (1) 1829, Tried London, England, Life. DOB, 1808, Native place, Cork Co. Crime, Highway robbery picking pockets. Single, Trade, Bricklayer. National Archives, Criminal Petitions. HO 17/98/94 Prisoner name: Henry Dyer. Prisoner details: Aged 20. Court and date of trial: Old Bailey Sessions, 17 January 1829. Crime: Stealing from the person. Initial sentence: Transportation for life. Gaoler's report: Not known here. Annotated: Nil. Petitioner(s): Henry Dyer, the prisoner, undersigned by John Jones, the prosecutor, two people from the Old Bailey, and four inhabitants of the Strand and neighbourhood, London. Grounds for clemency: The prisoner has a wife and two small children; this is his first offence. Date: 1829 Jan.