Elizabeth Smith

Level 116

Tony Beale on 1st March 2022

New South Wales, Australia, Convict Indents, 1788-1842 Bound Indentures 1830-1832. C P no, 47/807. C42/2979 From London married protestant who could read. 4' 11 1/2" brown freckled complexion, brown hair and hazel eyes.

Level 174

Iris Dunne on 10th January 2021

THOMAS SMITH, ELIZABETH SMITH, LOUISA AKINS, Theft > theft from a specified place, 7th April 1831. Before Mr. Baron Garrow . 703. THOMAS SMITH , ELIZABETH SMITH and LOUISA AKINS were indicted for stealing, on the 22nd of February , at St. Marylebone, 2 sovereigns and three 5l. Bank-notes, the property of Richard Phelps , in his dwelling-house . RICHARD PHELPS. I am a paper-stainer , and live at No. 67, Earl-street, Lisson-grove , in the parish of St. Marylebone, and am a housekeeper . On the 18th of October I had occasion to sell some stock, and my broker paid me 62l. 15s. 6d. by a cheque on his banker; I received eight 5l. notes, and the rest in cash - I delivered the notes to my wife to put away for me; I did not notice the numbers of them myself - I only know the number of one. and I have seen that one since (looking at two 5l. notes produced by George Dyer) - I know both these to be the notes I gave to my wife; one is No. 17.745, dated the 26th of August, 1830, and the other No. 27,469, dated the 27th of August; here is another note, No. 18,097, dated the 26th of August, 1830 - I know this to he one of those I lost, I am sure of it. Cross-examined by MR. PAYNE. Q.How do you know it? A. I am positive of it: I took two away from the eight, and this was left - I could not have told the numbers of these notes before I saw them, but I can safely say this is my note; there is no writing on it - my wife had deposited the notes in the drawer. COURT. Q.Are you sure you gave her the same notes as you received? A.Quite certain. ELIZABETH PHELPS . I am the prosecutor's wife. When he sold out the stock he delivered me eight 5l. notes to take care of - I paid one away to my landlord, and one for my child's clothes; nobody else lived in our house - I know all the prisoners; the females are daughters of a woman named Harbour, and the man is the husband of one of them; in February I came to the Old Bailey with Mrs. Harbour and the prisoners to give a character to one of Harbour's daughters, who was on trial - we all returned together to my house; I entertained them with dinner, and sent Thomas Smith out for some beer - I gave him a sovereign to change to pay for it; I took it out of the front of the drawer - the notes were in a little box in the same drawer, but not in the same place - when Smith brought back the change I put it into my pocket; after dining I found myself very ill, and was obliged to be put to bed -Thomas Smith went into the room with me; all the prisoners and Mrs. Harbour were in my apartment at the latest time I have any recollection of; I believe it was between three and four o'clock that I was put to bed; when I returned home from the Old Bailey I did not look for the notes - I saw them that morning before I came here; I am sure they were there when I came out with the prisoners - when I got home I found nobody there, except my own family; I have no reason to suppose any thing had been done to the notes at the time I became insensible- I have every reason to believe they were safe; the next morning I missed three of the notes - there were only two remaining, and they were in the place where I had put the whole - the prisoners were apprehended on the 24th; it was Tuesday, the 22nd, that I came here with Mrs. Harbour, and on the Wednesday morning I missed the notes; it was after I came from the Old Bailey that I gave Smith the sovereign to pay for the beer - before I left home to come here I had given Louisa Akins a 5l. note to get changed- I took that from six, which there were, and five remained; she brought me back sovereigns and silver - I was obliged to spend the silver in different things; she saw the place I took the note from - the notes were one on the other; the sovereign I gave Smith to pay for the beer was not out of that change. Cross-examined. Q. Where was the drawer you put the notes in? A. In the bed-room where we sleep, and next to the front room, which we live in; we have only a sitting and a bed-room - Lousia Akins and Smith went with me to get on our things to come here; Akins was in my bed-room when I gave her the note - the notes were in a little box in a little drawer; while I was here I went over the way to drink - I cannot exactly tell what I drank nor what it was in; it was a pot or something - I drank spirits and beer; I drink a little at times - I noticed nothing particular in the beer, nor the spirits; I do not drink very much - I sometimes do not drunk for a week together: I went from here home to my own house, and it was there I got so overcome - Louisa Akins and my own child helped me to bed. COURT. Q.Could you form any judgment whether the quantity of beer or liquor you drank, if it had been fair liquor, would have produced the effect it did - you became totally insensible, I understand? A. I cannot say. FRANCES PHELPS . I was twelve years old last November. I remember when my mother came with Harbour to the Old Bailey, and remember their coming home; they had dinner - I was in the room with them, and in the afternoon Elizabeth Smith gave me and my sister a penny each- the other prisoners were present; she desired us to go out of doors, and spend it - we made a feast up stairs; w were called down in about half an hour - my mother had had a little liquor, and she was worse then; she was very much intoxicated - Louisa Akins, I and Mr. Smith helped to put her to bed. Q. Did they appear as insensible as your mother? A. No - they did not remain there above a quarter of an hour afterwards; the prisoners went home in a quarter of an hour, and Mrs. Harbour remained behind, asleep, in the parlour - she is the prisoner's mother; the next morning, as soon as my mother got up, I heard she had missed something. Cross-examined. Q. Mrs. Harbour had been drinking with them? A. Yes - she went to sleep in the parlour; I helped my mother into bed with Akins and Thomas Smith. Q. You could see any thing that was done there, I suppose? A. Yes - they came out of the room afterwards, and went away; I had seen my mother a little overcome with liquor before - my sister is only eight years old. MARY HARBOUR . I am the mother of the two female prisoners. I came here to hear how my daughter got on when she was tried, and we went in a coach from the top of this street to my house - we afterwards went to Phelps'- we had no dinner there; none was offered: Mrs. Phelps gave Thomas Smith a sovereign to fetch 1s. worth of gin, which he did, and gave her the change - on the Thursday morning Louisa Akins gave me a sovereign, four half-crowns. and two gold rings to take care of for her; I had seen her with two rings before - I said if I thought that was Mrs. Phelps' money I would take it back, and have nothing to do with it; she desired me not to do so, and said it was not hers - I gave it to Webster, the officer. Cross-examined. Q. Did you all drink? A. Yes, all out of one glass - Mrs. Phelps did not drink any thing different to us, only she had had three glasses in the morning before I got there - she told me so. DANIEL GURLEY . I am shopman to Mr. Picket, of Oxford-street, a jeweller. I know the prisoner Elizabeth Smith, from seeing her once on the 22nd of February, between five and six o'clock in the afternoon, when she desired he served with a gold wedding-ring, which I showed her: she tendered me a 5l. Bank of England note - I asked her name; she said, "Mrs. Smith, Bryanstone-street," which I wrote on the face of it: (looking at a 5l. note, No. 17,745) this is the note she gave me - here is that name and address on it, also 22-2-31, and my own initials - I was not able to give her change, and endeavoured to procure it, but could not; I returned her her note, and she went away - I am quite sure of her person; she afterwards returned, and paid me in silver for the ring. Cross-examined. Q. Did you know her before? A. I never saw her before to my knowledge - I am quite sure of her person: I saw her for about ten minutes, and swear she is the woman. ELIZABETH BROWN . I am shopwoman to Mr. Nunn, of Oxford-street. On Tuesday evening, the 26th of February, a person came to purchase a bonnet and a cap, and paid me a 5l. note; I asked her name and address - she gave me "Davies, Bryanstone-square," which I wrote on the front of the note, with the initial of my Christian name, and my surname at full length: I have no knowledge of the person, so as to speak to her. Q. Have you seen the prisoners before? A. I have. THOMAS EDWARD WOTTON . I am a clerk at Messrs. Williams and Co.'s banking-house. I have a cheque, drawn by Phelps' broker, which I satisfied with eight 5l. Bank notes, and 26l. in cash - I have the book here in which I made the memorandum; one note was 17,745, dated the 26th of August, 1830; another, 27,409, the 27th of August, 1830, and another 18,097, the 26th of August, 1830. Cross-examined. Q. To whom did you pay the notes? A. I cannot recollect - I took the numbers down at the time. I have the cheque here. GEORGE DYER . I attend from the Bank, and have produced two notes, which have been shown to the witnesses; they correspond with two of the numbers which the last witness has named. Cross-examined. Q. Are you the person who pays the notes? A. No - they were paid in by bankers, one by Jones and Lloyd, and the others by Herries. ELIZABETH BROWN . This is the note which I took of the woman. DANIEL GURLEY . That is the note I spoke of. Thomas Smith's Defence. On the 21st of February I went to my mother's house, and found Mrs. Phelps there, drinking - she asked me when I came in if I had any money; I threw down a shilling, and sent for some liquor - we remained drinking there till half-past twelve o'clock at night, and made an appointment to go and meet a party to go to the trial; in the morning, when I got up, I went out with my father-in-law - I had not made up my mind whether I would go or not: I went with him to the Caledonian Arms, and by; his advice came down here - I met Mrs. Phelps at the King of Denmark public-house: she said,"Let us go and have some drink;" I said she had had quite enough and persuaded her to stop till Mrs. Harbour came out of the prison, from seeing her daughter; after that Mrs. Phelps told me to go and ask the prosecutor if he would have any thing to drink - I did so, and we drank over at the Rose - we sat there from eleven o'clock till two, eating and drinking, both beer and spirits: when she came out she was intoxicated, and unable to walk - I said, "Let me conduct you, and I will get you a coach:" she had torn her gown - she had offered me money several times, but I made her put it into her pocket; I put them all into a coach, and I rode on the box - near Sobo-square she desired more drink; they sat in the coach, and had a pint of gin - I got on the box again, and drove them to No. 24, Hawkins-street, where they had more liquor, and being late, I led her home; she said, "Well, we have not had much dinner - I have got a bit of pickled pork, will you partake of it?" she gave me a sovereign to fetch a pint of gin - I gave her the change: as to the money she lost, I know nothing of it - I certainly put her on the bed, at her daughter's request, and left the daughter in the room. Three witnesses gave Elizabeth Smith a good character. E. SMITH - GUILTY - DEATH . Aged 26. T. SMITH - NOT GUILTY . AKINS - NOT GUILTY . https://www.digitalpanopticon.org/life?id=obpt18310407-6-defend168

Level 174

Iris Dunne on 10th January 2021

Annotated Printed Indentures: aged 26, can read, Protestant, Married with no children, Native Place London, Trade: All work, Offence House robbery, Tried 7 April 1831, no previous convictions, Remarks: GC and heart inside of upper right arm, scar on left thumb, cousin, Thomas Wilson, 14 years ago. Conditional Pardon No. 47/807 dated 30 July 1847, Year of Birth 1806

Level 2

Paul Horne on 10th January 2021

I'm new to this site and not confident enough of the data I have to start changing things. There was an Elizabeth Smith convicted to death at the Old Bailey on 7 April 1831, the same date as the Gaol Delivery date above. She was sentenced to death for theft from my maternal great x 2 grandfather. Old Bailey reference t18310407-6 (https://www.oldbaileyonline.org/browse.jsp?id=t18310407-6-defend168&div=t18310407-6#highlight). As death sentences were often commuted and the dates are exactly the same, I think she's the one transported here. Would you agree?

Level 338

Penny-Lyn Beale on 12th September 2020

New South Wales, Australia, Convict Indents, 1788-1842. Pyramus 4th March 1832. No; 65 - 32. 67. Elizabeth Smith. Family in the Colony; Cousin, Thomas Wilson. 14 years ago ---------------------------------------