Francis Jermain

221

D Wong on 15th June 2018

Old Bailey: GEORGE BOSWELL, BENJAMIN HOLLOWAY, FRANCIS HENRY JERMAINE. Theft: theft from a specified place. 7th April 1824 Verdict Guilty; Guilty; Guilty Sentence Death; Death; Death GEORGE BOSWELL, BENJAMIN HOLLOWAY, alias HENRY GRIFFITHS, and FRANCIS HENRY JERMAINE were indicted for stealing, on the 6th of March at Acton in the dwelling-house of William Hendley a watch, value 3 l.; a watch chain, value 2 d.; a seal, value 2 d., and a key, value 2 d., the goods of Samuel Crouch. PHOEBE HENDLEY. I live at Acton, Middlesex, and am the wife of William Hendley ; he rents the house - Samuel Crouch lodges with us. I keep a fruit shop. On the 6th of March Crouch's watch was in my care, hanging on a nail in the back kitchen. I went up stairs, and my neighbour called out to me - I came down, and immediately missed the watch; it was there when I went up stairs; it was a silver watch, with a gilt chain, seal, and key. I had seen the inside of it; there was a watch paper, and a worked piece of cloth in it, in the form of a flower-pot. I had sewn it on the paper myself. MARY CRIPPS. I live next door to Hendley. On Saturday, the 6th of March, about a quarter to two o'clock I saw the prisoners Holloway and Jermaine - Jermaine went down into Hendley's kitchen; Holloway did not go further than the passage leading to the kitchen - Boswell was with them, but he went down the town to a grocer's-shop, ten or twelve yards off, for some cheese. I saw Holloway come out of the passage about a minute before Jermaine. I heard Boswell say when he left them, that he would go and get some cheese, and asked the others were they were going - they said they would go next door and get some onions; this was before they went into the house. Jermaine came to my door; I told him I did not sell onions - that he could get them next door; they did not go into the shop. Jermaine went down into the kitchen I am certain; there is only a thin partition between that and my house, and I heard him go into the kitchen, and seeing him come out without onions I went and called Mrs. Hendley. ROBERT RICKETTS. I live at Acton. In consequence of what I heard from Hendley, I went in pursuit towards Ealing-common, and just as I got on the common I saw the three prisoners walking along; I was walking - they turned round, and seeing me, they turned short to the right, and ran into a lane. I lost sight of them; I got on a butcher's horse, and rode till I got up to them in Ilangerhill-lane, and said, "Stop" - Boswell said, "What do you want;" I said, "You have stolen a watch." Boswell then got over a ditch, and Holloway did the same. I followed them on foot, and as I got over the ditch Boswell dropped the watch papers into the ditch, out of his breeches pocket. I followed them both across two fields, and then collared Boswell; Holloway turned back, as if to shew fight; they wanted to know what I wanted with them; I said they had stolen a watch - Holloway said he had not; I asked what they ran for; he said, "I ran, I thought you was after me for stealing turnips." I secured them both, brought them back to the ditch, and picked up the watch papers, which I produce. Prisoner BOSWELL. Q. Did not one Cooper pick up the papers - A. I did. SAMUEL CROUCH. I am a bricklayer, and lodge in the house. I left my watch there when I went to dinner, and hearing that it was stolen I went in pursuit of Jermaine, from the description I had of him, and overtook him between 3 and 4 miles from Acton; I asked if he belonged to the canal boat; he said, No - I asked if he had been at Acton; he aid No, he did not know where Acton was. I said I should take him there, and see if the people knew him, and did so. Nothing was found on him. MARY CRIPPS. I am sure Jermaine is the boy who went into the kitchen. JOHN WILLIAMSON. I am a constable. Crouch gave Jermaine into my custody - I found the duplicate of a silk handkerchief upon him, pawned on that very day (the 6th of March,) for 2 s. 6 d., in the name of Liddy; I asked how he got it; he said he bought it of a boy named George Liddy , for 1 s. I afterwards searched Boswell, and found about 18 d. in silver upon him - he said he had been out of work six weeks; that he had worked in a brick-field, and was looking for work; I asked how he became possessed of that money; he said he had pawned a silk handkerchief that morning for 2 s. 6 d. I asked his name; he said George Liddy, and that the handkerchief was pawned in that name; I asked him where the duplicate was; he said he had left it at his lodging in Cato-street, Paddington. I afterwards told him that Jermaine was in custody; they both denied knowing him, or having been with him. Prisoner BOSWELL. Q. I told you I was called Liddy, but my right name was Boswell - A. He gave the name of Boswell at the office. SAMUEL CROUCH. The watch papers produced are mine - I had had them twelve months. The watch was worth three guineas; I would not sell it for that. PHOEBE HENDLEY. I know this watch paper; I sewed it to the paper myself. BOSWELL'S Defence. I and Holloway were looking for work at the brick-fields. We went to Acton, and this man came and asked if I had stolen a watch; I thought he had come after us about some turnips; we ran away and when I came back he found the papers, and said, "Which of you dropped these?" and that one of us must, have dropped them. The people in the town asked who he found them on - he said one of us must have dropped them. HOLLOWAY'S Defence. We were looking for work; this man came up, and took us to the woman, and she said she saw us all three go through the town together. JERMAINE'S Defence. I was going to meet a boat on the canal; I could not see it coming, and returned. Some bargemen asked me to drive the horse, which I did, and this man took me. BOSWELL - GUILTY - DEATH. Aged 17. HOLLOWAY - GUILTY - DEATH. Aged 17. JERMAINE - GUILTY - DEATH. Aged 14. George Boswell arrived NSW per Hercules 1825. Benjamin Holloway arrived NSW per Asia 1825. Francis Jermaine was only 14 years old when tried, he did not arrive in NSW for another 2 years (presumably because he was too young??). 1839: TOL Parramatta. 1839: TOL Passport - on the recommendation of A Berry Esq. 25/4/1840: TOL Passport 1844: Recommended for a CP 15/3/1845: CP 26/12/1849:(from newspaper) CP Extended. 27/2/1850: Shipping Clearance: 26th - William and Mary, barque, for San Franciso, California, Passengers - Francis Henry Jermain. 8/10/1851 Sydney Morning Herald: INDECNT ASSAUALT. Francis Jermaine was indicted for having, on the 27th of September last, indecently assaulted one Emma Riley, a girl eleven years of age. The prisoner was defended by Mr. Holroyd. It appeared from the evidence that the prisoner was in the habit of working near where the girl and her parents resided, and the child went to him to ask for paper, in order to curl her hair, when the man caught hold of her and proceeded to take most improper liberties with her. The girl's mother, however, saw him through the half closed door, and the child was rescued. The defendant's counsel relied chiefly upon some apparent discrepancies in the evidence of the witnesses, as shown from cross examination. Several witnesses were also called, from whom the prisoner received an excellent character, but whose testimony did not affect the facts of the case. The Jury found the prisoner guilty, without leaving the box, and he was sentenced to be kept to hard labour on the roads for the space of two years. 1852: TOL Patricks Plains- tried Sydney.