Charles William Ginger Fitzgerald

135

C H on 31st March 2024

Old Bailey Online CHARLES WILLIAM STRINGER FITZGERALD. Violent Theft; robbery. 22nd August 1842 Text type Trial account Defendants CHARLES WILLIAM STRINGER FITZGERALD Offences Violent Theft > Robbery Session Date 22nd August 1842 Reference Number t18420822-2499 Verdicts Guilty Punishments Transportation 2499. CHARLES WILLIAM STRINGER FITZGERALD was indicted for feloniously assaulting Henry Watson on 25th of April, putting him in fear and danger of his life, and stealing from his person and against his will, 1 shilling, his monies; and immediately before, at the time of, and after the said robbery, feloniously beating, striking, and using other personal violence to him. MESSRS. CLARKSON and BODKIN conducted the Prosecution. HENRY WATSON . I am a hair-dresser, and live in Cow-cross-street, Smithfield. On Monday evening, the 25th of April, I was at the corner of Southampton-street, Strand, about five or six minutes to nine o'clock I had on a blouse, and was dressed much the same as I am now—I was looking at some prints in a window—I saw the prisoner there—he was a stranger to me—there were several persons round the window—I was looking at a print, and the prisoner observed to me that that was a well done thing—I did not make him any answer at first, but, after a second or two, to the best of my recollection, I said, J thought it was—I then moved a little further to another part of the window, and the prisoner came again by the side of me—he said, "You appear to understand these things, Sir"—I was still looking at the prints—I replied, "Not much"—he then, after a second or two, said, "I beg your pardon, Sir, I have been out of employ some time; I have a few relics at home which I wish to dispose of, I do not think they are of much value; I should be glad to dispose of them if I could find a purchaser"—I said, "I am no buyer, as I do not understand such things, but what do they consist of?"—he mentioned the names of a few prints and books, but I cannot recollect them—I then asked where he lived—he said, "Oh, not above a minute or two's walk," mentioning a street in the neighbourhood of Drury-lane, which I do not remember—I said, "As I am going that way, I have no objection to look at them, although I may not become a purchaser"—I then went with him—we crossed the road, and, to the best of my recollection, the clock struck nine as we crossed Southampton-street—we went straight down to Stanhope-street, near Clare-market and Drury-lane—the prisoner crossed the road to a chandler's-shop at the corner of Stanhope-street, and there purchased a candle—I did not go in with him—he came out of the shop with a candle in his hand—it was not alight—he was about turning into, as I thought, a side-door of the chandler's-shop, but it afterwards appears it was the next door, and I said to the prisoner, had he not better get a light—he said, "Oh no, Sir, never mind a light; if you will allow me to lay hold of your hand, I will lead you to the foot of the banisters, and I will soon get a light"—I went into the passage—the street-door was open—he did not get a light—he led me to the banisters—he went on first—I felt my way up by the banisters till we arrived at the third story—I then found that the prisoner had got a light—he had got up a little before me, and had got a light by the time I had got up—I was on the landing—there was a box of Lucifer's on a table before the door—be was in the back-room, and I stepped in after him—I noticed a print hanging on the left hand side against the wall in the room—I asked the prisoner whether that was one of the prints that he wished to dispose of—he made reply—my back was towards him—I was about to repeat the question, when he said, "B—your eyes, I have neither prints or books either; what do you mean to give me?"—"Give you!" I replied, "I have nothing to give you: what do you mean? and for what purpose have you brought me here?"—upon that he seized hold of me by my trousers, outside, under the flap, and said, "I will shoot your b—head through your shoulders if you don't give me all the money you have got about you"—I said I had none—he said I was a b—liar—he still held me in the same manner—for fear he should rob me I said I had only got a shilling and a few halfpence—be said, "Give me that"—I had 25s. in silver in one trousers' pocket, and some halfpence in the other—I took out some silver from my right hand breeches pocket, and in doing so, I pulled out 18(2.—upon that he said, "You have got more; give me that, give me the 18d."—I gave him the shilling—I gave it him for fear he should rob me—I was then about to leave, when he said, Give me the 18d."—I said, "No, I will not; that is all I have got"—he then relinquished his hold of me, and I attempted to get out of the room—he then seized hold of me again, and said, "Now you b—I will nail you; I will tear your b—linen; I will tear your shirt, and then I will give you in charge if you don't give me the whole pf the money you have got"—I endeavoured to extricate myself from him, but did not succeed in getting out of the room—the prisoner rent the flap of my trowsers down, and pulled out my shirt—I was struggling with him as well as I could—to the best of my recollection, I had lost all command of myself—he first rent on. corner of my shirt—he could not tear it with his nails, and he picked up something off the floor, either a piece of china or a piece of slate, or some hard substance, and tore a hole in it—he did not tear a piece off—I then adjusted my things as well is I could, got to the door of the room, and made the best of my way down stairs—he followed me—I do not know How I got down stairs—I got out of the house—I do not think we had been out of the house a minute and a half before I saw a policeman—the prisoner reached the policeman first, and was about saying something to him when I stepped across the way, and gave him in charge—he was taken to Bow-street—I was examined he fore the Magistrate, and he was committed for trial—ten or twelve days afterwards I was taken ill, and was taken to St. Bartholomew's hospital, where I was confined till after the next Sessions were over. Prisoner. Q. Did you not swear at Bow-street that you would not be answerable for anything you had done since you had been taken ill? A. I stated that after I came out of the hospital, I could not hold myself responsible for what I did or said, because I came out against the wishes of my friends, and likewise of the medical advisers of the establishment—I said I would not be answerable for what I said for a certain period, till I came back from the country—I was deranged—I do not know How long I was ill, neither do I recollect when I came out of the hospital—you were committed before I went into the hospital—I went into the country after coming out of the hospital—I have since understood that I remained at home a week or so, but I was not competent to take any part in any business—that is why I stated at Bow-street, that I could not be responsible for what I did or said, before I went into the country. Q. Was it your embarrassments of life that affected your mind, or this charge? have not your family been in a state of pauperism in St, Sepulchre's parish; and have you not been set up in business several times? A. Some three years ago I was attacked with fever, and was then taken to the parish in which I now reside, and in which I have been brought up, and there I was supported by the parish authorities; my affairs became embarrassed; that certainly did not affect my mind—I saw some lights as we went up the stairs of the house you took me to, on the first floor in particular—it was candle-light, which shone under the door of the room I cannot say whether there was any light in the room on the second floor in all probability there was—I do not swear there was not—I did not see any light as I came down—I have hardly any recollection of How I did come down—had I called out I doubt very much whether any person could have heard me, for your door was closed—I said at Bow-street, that you took something off the ground towards the fire-place, and tore my shirt with it—when you got down stairs you appeared to wish to avoid the policeman, but seeing that I was determined on crossing the way, you came to the policeman first—you made no charge against me—you said that we never went into any house—you did not speak to any person while you were in my company—I did not pay much attention—you might have spoken to one or two as you passed—I cannot recollect whether you did or not—I swear on my solemn oath that I gave you a shilling—what you did with it I do not know—you had plenty of opportunity of disposing of it, because as I went out at the door you blew the light out—you did not object to go to the station, it was no use your objecting—the Magistrate did not ask me whether I had ever been there myself in trouble, on such a charge, before—on my oath I never had been there on any such charge before, either as the accused or as an accuser—I do not recollect the Magistrate asking me any such question—I did not produce the shirt and trousers which you tore—I have the shirt on now with the tear in it—you were committed to New gate—application was made for you to be remanded till next Session, on a certificate being produced from the medical gentleman of the hospital—I was made acquainted that you were still in prison after I came out of the hospital, when my mind was in a sufficient state for it—I am not aware that any application was made on my part for another remand—it could have been done—I do not know that my wife was aware of where I was—you had no pistol or any weapon in your hand, when you said you would shoot my head off my shoulders, but I apprehend you meant with your fist—you held me in the manner I have described—you might have struck me—you might have killed me—on being sent next day to identify the house, I found it was respectable to all appearance outside—I know nothing of the inmates—I went out of the room first—the door was not locked or fastened, neither did it appear to me when you went up stairs that the door was locked—any person might have had access to your room apparently. SUSANNAH WATSON . I am the prosecutor's wife—I remember the occasion of my husband giving the prisoner into custody—after he came home his manner was very different from what it had been before, and he was taken ill on the Sunday following—I do not know the day of the month—he went into the hospital on the Sunday night—I went to see him while he was there—I do not know what ward he was in—his mind appeared to be affected while he was there—he remained in the hospital a fortnight, I think—I was not with him when he came out, a friend of mine was—he was not taken out, he came out of his own accord—he was not in a fit state to come out—he was brought home in a cab—he remained at home a fortnight or three weeks—he was never in his right mind during that time—I have had a great deal of trouble with him the whole time—he was afterwards taken into the country for a fortnight—the trial was postponed from the May till the June Session—I appeared before the Judges at the June Session—my husband was not in a fit state to come forward then—the Court allowed the case to be postponed for one Session, but my husband continuing ill they would not postpone it any longer—my husband was an out-patient for some time after he came out of the hospital—he was bled, cupped, and soon. Prisoner. Q. Did you make any application at the June Session for me to be remanded and the trial put off for another Session? A. No, I did not say anything, the gentlemen only asked me what state of mind my husband was in. WILLIAM HODSON . In April last I was in the police force, I have since quitted it—I was on duty on the 25th of April, between nine and ten o'clock in the evening, in the neighbourhood of Stanhope-street, and saw the prisoner and the prosecutor—the prosecutor was about twenty yards from the prisoner, following him—they were both coming towards me—the prisoner came up to me first—he began to say something, I could not understand what, and the prosecutor immediately came up to me and gave him in charge—I did not take the prisoner into custody—I took them both to the station—when we got there, the prosecutor repeated his charge against the prisoner, and that charge was taken—the prisoner was detained in custody, and the prosecutor was allowed to "go at liberty—they were both quite strangers to me—on the following morning the prisoner was brought before the Magistrate—the prosecutor then appeared to substantiate his charge, and after an examination the prisoner was committed for trial. Prisoner. Q. When I passed by you did I make any charge against the prosecutor? A. You began to say something, I could not understand what you said, and the prosecutor came up—I would not take his charge then—I did not take either of you—I took you both to the station—I did not take hold of you—you did not attempt to leave me—you had no opportunity of disposing of any thing—I kept a pretty good look on you—I searched you at the station strictly—I found nothing on you of any consequence—there was a latch key—I did not find a halfpenny on you—you did not say a single word at the station, except that you were innocent. ANN LEWIS . I am one of the nurses of St. Bartholomew's Hospital—I have the care of the Extra-ward—patients of all description come there. I remember the prosecutor being brought there—I have a book in which I make my entries—he came in on the 1st of May, and remained an inpatient till the 12th—he then wished to be discharged and to go out—he was not in a fit state to be discharged—his mind was very much affected during the time he was there—I wished him to stay. ROBERT SAMUEL ROBERTS . I keep a chandler's shop in Stanhope-street, Clare-market. The prisoner sometimes dealt at my shop—between eight and nine o'clock on the night in question he came and bought a candle—he was at that time lodging in the next house to me—I know nothing of him, only as a customer—I do not know what business he is. Prisoner. Q. Have you not known me in the neighbourhood for the last six or seven years? A. I do not know the exact time. Q. Did you ever hear a dishonest character of me? A. I have heard different reports—you have been in the habit of buying a candle late in the evening—I have seen you at various times. WILLIAM HILL (police-constable F 60.) I took the prisoner into custody on Saturday night, the 20th of August, about eleven o'clock, in company with two others, at a public-house in Chandos-street, Strand—I and two brother-constables took the whole three. Prisoner. Q. When you took me, did I not say it must be a mistake? A. You did—you went quietly to the station—you did not object to go. Prisoner's Defence. I was taken in charge for this offence in April, and committed for trial; I was remanded till June; the Grand Jury ignored the bill, and I was discharged by proclamation; I thought the case was over, and never got out of the way; I have always been earning an honest livelihood; up to five weeks previous to being charged with this I was in the employ of the landlord of the King's Head tavern, Bloomsbury, who will give me a good character; before that I was three years in the employ of a Mr. Davies, and before that I lived with Mr. Shepherd, in Foster-lane; when I was here before I was provided with counsel, and ready to defend myself; now I am not, and the friends who would have come forward to speak to my good character I cannot trouble again, but I am sure they would speak of me as always honest and industrious; I leave my case in your hands; J feel certain you will return a verdict according to the evidence; I am entirely innocent of the charge. GUILTY . Aged 25.— Transported for Fifteen Years.