Rachael Finnagin

343

Maureen Withey on 21st December 2022

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 21 December 2022), May 1836, trial of THOMAS FRY DENNIS REARDEN BENJAMIN CASTLE MARY TOWNSHED RACHAEL FINNAGIN (t18360509-1133). THOMAS FRY, DENNIS REARDEN, BENJAMIN CASTLE, MARY TOWNSHED, RACHAEL FINNAGIN, Theft > burglary, Theft > receiving, 9th May 1836. 1133. THOMAS FRY, DENNIS REARDEN and BENJAMIN CASTLE , were indicted for burglariously breaking and entering the dwelling-house of James Langham McLin, about the hour of nine in the night of the 9th of April, at St. Olave, Southwark, with intent to steal, and stealing therein 1 shawl, value 7s.; 1 pair of boots, value 5s.; 1 cross, value 1s.; 2 gowns, value 20s.; 1 coat, value 1l.; 1 pair of trowsers, value 14s.; 1 waistcoat, value 6s.; 1 cloak, value 10s.; 3 shirts, value 10s.; 1 handkerchief, value 3s.; 2 flannel shirts, value 1s.; 1 pistol, value 5s.; 1 watch, value 2l.; 1 watch-chain, value 10s.; 1 seal, value 6s.; 1 split ring, value 4s.; 1 watch-key, value 6s.; 1 printed book, value 1s.; 1 box, value 6d.; 1 £5 Bank-note, the and property of the said James Langham M'Lin; and MARY TOWNSHED and RACHAEL FINNAGIN were indicted for feloniously receiving the said goods and note, well knowing them to have been stolen. JAMES LANGHAM M'LIN . I am a labourer, and live at No. 7, Charlotte-street, Tooley-street, Borough, in the parish of St. Olave. I am the house-keeper—I let out the top garret, and middle room, and occupy the lower part myself—I and my wife went out on Saturday evening, the 9th of April, between eight and nine o'clock—it was then dark—I believe the people who occupy the upper part of the house were at home—I left nobody in our apartment—my wife locked the door as she came out and took the key with her—when I came out of the house I observed Rearden and Fry near the house—Fry was within six or seven yards of the house—he is my wife's brother—I had employed him to work for me for five or six months, and he then lodged in my house—I discharged him about three months age—he knew my house very well—I am quite certain I saw him near my house that night when I went out, and I saw Rearden with him, and a third person, but I am not certain who that was—Rearden was about thirty-six feet from Fry—he was two arches off the Greenwich rail-road from him—the third person was further away—Rearden stood westward of Fry, and the other man was still more westward—he was double the distance—I returned home about ten o'clock with my wife—I found the padlock of the door had the staple drawn, the lock and staple were taken away, and the door left half open—I missed a box containing a suit of clothes, a blue cloth coat, a pair of new cloth trowsers, a waistcoat, a cloth cloak belonging to my wife, two merino gowns belonging to my wife, a silk shawl, two silk handkerchiefs, a pair of my wife's boots, two linen shirts, two flannel shirts, a small trunk, a five-pound Bank of England note, a cross, (I am a Roman Catholic,) a silver chain, a gold seal, a gold key and gold ring, aan a Catholic prayer-book—there was a horse-pistol taken from the chimney-piece, a pair of drawers, and a brush—I have seen some of my things since at Kensington station-house on Monday, the 11th of April—I went on the Sunday with the policeman at five o'clock in the morning to kensington station-house—George North, Hancock, and another, went with me from Hammersmith station-house—I went to Payne's-buildings with them; that is in a brickfield—I went before the prisoner Mary Townshend's door there—it was shut—she was in the second-floor room—there are rails in front of the house—she saw me, opened the window and asked me what I wanted—I asked her if there was a man named Bengamin Castle there—she said, he was there, but he was gone home—I asked if Thomas Fry was there—she told me he had been there, but he was gone home to his father's to dinner—it was then twenty minutes after two o'clock in the day—I knew where his father lived—we at last got into the house, and the first man we met was Fry, at the foot of the stairs, coming down the stairs—I forced him up-stairs again into Townshend's room—I there saw Townshend and her daughter, who is the other female prisoner—she passes as her daughter, and Rearden and Castle were there—the policeman searched the place in the prisoners' presence, but nothing was found—he took Rearden and Fry into custody, and left Castle in the house with the women—I went home. Cross-examined by MR. PHILLIPS. Q. How many lodgers had you? A. One man and his wife and a woman and her daughter—they were living in my house at the time of the robbery, but I cannot say whether they were at home or not—I can read but not write. CATHERINE M'LIN . I am the prosecutor's wife—I remember going out with him on Saturday night, 9th of April—I locked the door and kept the key in my hand—when I came out I saw two persons near the house—I don't know who they were—I thought I did know them, but I cannot be sure whether I did or not—I was on one side of the arches and they on the other—I was not close to my husband when I saw them—the person went away—he had his back to me—I only saw two—I only thought I knew them—I said before the Magistrate that it was Rearden—I believe it was him—I knew him before. RICHARD HANCOCK . I am a police serjeant. I went with the prosecutor to the prisoner Townshend's house a little after two o'clock on Sunday the 10th—he asked her at the window for Castle—she said, "He had been gone home these ten minutes"—I said, "Come down and I will speak to you," and when we got in Fry came down—I went up stairs and found all the four prisoners there—I took Fry and Rearden into custody as the prosecutor only pointed them out—I searched Castle but found nothing on any of them—in the evening I went with North and Norton, and took the two women into custody, and found some of the property in the room, under the room I had seen them in before—I found this book there. GEORGE NORTH . I am a policeman—I went about five o'clock in the afternoon of the same day to apprehend the women, at that time Fry and Rearden were in custody—I went to Mrs. Townshend's house and found Castle there and took him into custody—I returned to the same house, and when I got there Martin and Hancock were there—I found the lower room was locked and asked Mrs. Townshend where the key was—she took it off the mantel shelf in the up-stairs room and gave it to me—she went down with me—after unlocking the door I found a bill book in the room, and having had information I raised the hearth stone with the bill hook, and found under it one flannel shirt—I put my hand in again, and said in Townshend's hearing to Martin, "Oh Lord, here is the swag." I pulled out another flannel shirt tied at both ends like a bag, and in that was one coat, one waistcoat, trowsers, two merino gowns, a cloak, three linen shirts, a silk handkerchief, a cross, a pair of boots, a shawl, and a £5 Bank-note. RICHARD MARTIN . I was with North when he took up the hearth-stone—I saw him take out the things he has mentioned—I went back a second time to Townshend's house about half-past seven or a quarter to eight o'clock, she was then in the station-house—I found a horse-pistol under the flooring of the same room where the hearth-stone had been taken up. ALBERT KIPPEN . I live in Payne's-buildings, opposite where Townshend lived—our two privies join—on Sunday, the 10th of April, between three and four o'clock in the afternoon, I went to my privy—I knew somebody had been apprehended that day—when I was there I heard voices in the adjoining privy, but I cannot tell whose voices they were—I never spoke to Mrs. Townshend in my life—I did not see any person go into the privy. ELISABETH TOWNSHEND . I am the prisoner's daughter, and am going on for thirteen years of age. I was sleeping at my mother's house on the Saturday night before this transaction happened—I go out to service, and am generally away from my mother—I got up about half-past six o'clock on Sunday morning, and went down stairs—I looked into a room and saw Rearden and Fry—I know Castle, he lives with Finnagin—I did not see him in the room with Rearden and Fry—they were only sitting down by the fire, doing nothing—I remember going to the privy about two o'clock—my mother and sister, Rachael Finnagin, were there—I asked my mother what she was going to throw down the water-closet, and she said "Nothing"—I was going out again, and she said, "For God's sake, don't tell carry, for we shall all be transported"—Carry is a young woman who came up to our house—my mother said the things were hid under the hearth—I do not know Hermitage. Prisoner Townshend. She knowns it is very false—that I never said any thing of the kind. ALBERT KIPPEN re-examined. It was between three and four o'clcok that I went to the privy—it was just after the two men were taken up—I heard two female voices, and before they went away I heard a third voice—when they first came in, one said to the other, "Where are the things?"—the answer was, "They are safe in the ground, under the hearth"—the third voice said, "Mother, I know what you came here for; you came to thrown some things down the privy"—the answer was, "No, I did not: I came to know where the things were"—she said, "They are safe under the hearth, and for God's sake don't let Carry know, or we shall be all transported; and if Ben comes home, we will pack up all our sticks and go to Greenwich to-night." JOHN WATERS . On Sunday morning, about five o'clock, after the robbery, I was looking about the prosecutor's premises, and under one of the arches of the rail-road I discovered a red box—it was a few inches from the prosecutor's house—hearing that he had lost such a thing, I took it to him—it appeared to have been wrenched open—I examined the door of the prosecutor's house, and perceived some marks on it—I took the dimensions of the marks—I was afterwards shown some chisels by North—I compared them with the marks on the door, and the largest one corresponded with marks. GEORGE NORTH re-examined. I have not the two chisels—I gave them to the witness—I found them at Mrs. Fry's (the prisoner's mother's) house, in Earl's-court—he was in custody at the time I found them—they are not an uncommon size. WILLIAM HERMITAGE . I work for market gardeners, and live in Earl-street, Kensington. I know all the male prisoners—Fry and Rearden live near me at Earl's-court—I don't know where Castle lives—on Saturday afternoon, about four o'clock, before I heard of the robbery, Fry, Rearden, and Castle, came up to me against the star and Garter, in Kensington—they asked me if I would take a walk with them as far as London-bridge—I told them I would if they would not be too late home at night—I went with them to London-bridge—when I got there they told me to stop there till they came back—I don't know where they went—we got to London-bridge about six o'clock, or a little after—I stopped there two hours, or better—they did not come back—I would not wait longer, and was returning home—when I got to St. Paul's, which was between eight and nine o'clock—I saw Rearden and Castle—they overtook me, and asked me where Tom was (meaning Fry)—I said I did not know—one of them went on one side of the street and the other on the other—I walked with Rearden, who had a small bundle under his arm—he had not got that bundle when he went from Kensington to the bridge—Castle had also a bundle—neither of them had those bundles when I walked with them to London-bridge—they were tied in coloured handkerchiefs—Rearden said to Castle, "You keep what you have, Ben, and I will keep what I have got"—Castle, crossed over to us—I went with them to the top of Sloane-street—I was then with Rearden—castle was on the other side—Rearden asked me if I was going that way, towards Brompton—I said, "No"—Castle went towards Brompton with him—Castle had asked me if I would take the bundle and carry it—I asked him what it was—he said he did not know, and I said I would not carry it—I went up Kensington-road, and turned up Church-street, into Uxbridge-road—I slept in a shed in a brick-field that night, and next morning I came down towards Hammersmith, about nine o'clock, and saw Fry and Rearden standing against the lamp-post, by Hammersmith-gate—they had each a bundle under their arms—Rearden's bundle was in a coloured handkerchief—Fry's was in a red silk handkerchief with a coloured border to it—Fry asked me where I went to last night—I told him—he told me he took an omnibus to come home first to let the others in—he told me that Castle went and broke M'Lin's house open, and Castle brought the box out under the archway, and broke it open, and he said there was a paper in the box, with red reading on it, which they burnt—he did not say what he had done with the other things—I afterwards saw Castle and his wife just down against the turning leading to their own house—the same morning—castle asked me where I went to last night—I said as they did not went me, I went and slept down in Langston's sand-house—Castle had on a blue cloth coat at that time, with brass buttons—he had a velveteen coat on the night before—the blue coat seemed too big for him—Fry had said on the Friday, that he should like to see somebody rob M'Lin—I am sure I did not go beyond the bridge with them that day. Cross-examined by MR. PHILLIPS. Q. Did you never say you went beyond the bridge with them? A. No; I have been some years working for mark of-gardeners—I have been to a Sunday-school—I have not been in employ lately—I have been out of work all the winter, at times—I could not get employment, as the ground was frozen—I have always been in employ, except last winter, only when I could not work—I live at my father's—I was here once before—about ten months ago—not as a witness—I went to the Sunday-school five years ago—I am between seventeen and eighteen years old. COURT. Q. Did you Come here in charge? A. Yes. MR. PHILLIPS. Q. How long were you here? A. Three weeks; I was three months at Coldbath-fields, after that—that is nearly ten months ago, as near as I can reckon—it was for some wax—I worked with a man, and he employed me to sell it—I was taken up once before, on suspicion of going into a brewer's yard, and taking something out of a room—that was twelve months, and better, before I went to Coldbath-fields—I went to Coldbath-fields then, and was there three months—I was never out of employment without I was forced to leave it—I was as innocent as a child unborn when I was taken up—I was never taken up at any other time—either before or since—not before this time—I have been living with my father and mother, when I was last at home—I was kept at Clerkenwell to give evidence here—I was not taken up—I went and gave myself up, and they kept me—because they accused my brother of taking the things, I went up to clear him. JAMES LANGHAM M, LIN re-examined. This is my pistol-case, and waist-coat, and coat—I had it cleaned, and here is the mark which was put on then—all the things produced are mine—I cannot swear to the £5 note—I believe it is mine—there was a cheque in the red box, of 80l. Bank of England stock—it was partly red—it had the name of "Mr. Smith, Bank Chambers," on it—there was a cross in the box, which is here—a gentleman in Leicester-square, gave it to my wife—I know this handkerchief and shirts—this shawl and the gowns are my wife's, and the clothes and mine—my house is six or seven miles from Townshend's. Fry's Defence. I know no more about it than the child unborn. Rearden's Defence. I know nothing at all about it. Townshend's Defence. I do not know how the property came there; and who put it there I do not know—I was out all the week. Finnagin's Defence. I do not know how they came there, nor who put them there. (John Moody, a bricklayer, or Kensal-green, Harrow-road, gave the prisoner Rearden a good character.) FRY— GUILTY— DEATH . Aged 20. REARDEN— GUILTY— DEATH . Aged 18. CASTLE— GUILTY.— DEATH . Aged 19. TOWNSHEND— GUILTY . Aged 59. Transported for Fourteen Years. FINNAGIN— GUILTY . Aged 20. Second Jury before Mr. Justice Coleridge.

338

Penny-Lyn Beale on 18th March 2021

1839 - New South Wales, Australia, Registers of Convicts' Applications to Marry, Name: Rachel Finnagan. Age: 23. [1816] Ship; Elizabeth - 1836 . 14 years. Bond. Spouse: Edward Filby alias Philbin. Age; 34. [1805] Ship; Waterloo - 1831. 7 years. Free. Granted - 28 Oct 1839. Rev. F Murphy. 1850 - Certificate of Freedom. 50/201. Age; 34. WIFE; of Edward Philbin per Ship Waterloo [2] Free by servitude

338

Penny-Lyn Beale on 18th March 2021

New South Wales, Australia, Convict Indents. Ship; Elizabeth - 1836. Printed Indentures Indent No; 54, Name; Rachel Finnagin Protestant, Single. 1 male child, 4 months old ON BOARD When and where tried; stolen clothes - Criminal Court London - 9 May 1836 Sentence;14 years Native County; Lincolnshire Trade; Housemaid Age; 20 Height; 5 ft. 2 3/4 in Complexion; Fair Ruddy and freckled Hair; Light Brown Eyes; Light Grey DAUGHTER to 36 - 440. Mary Townshend. Indent No; 53. On Board