Johanna Fitzgerald

Level 351

Maureen Withey on 5th August 2021

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 05 August 2021), May 1845, trial of ANN BUCKLEY ELLEN BRIEN JOHANNAH FITZGERALD (t18450512-1049). ANN BUCKLEY, ELLEN BRIEN, JOHANNAH FITZGERALD, Violent Theft > robbery, 12th May 1845. 1049. ANN BUCKLEY, ELLEN BRIEN , and JOHANNAH FITZGERALD , were indicted for a robbery on James Mullen, on the 16th of April, and stealing from his person, and against his will, 3 sovereigns; 1 half-sovereign; 7 shillings; 1 sixpence; 1 groat; and 1 dollar, his monies: and immediately before, at the time of, and after the said robbery, feloniously beating, striking, and using other personal violence to him; and that Fitzgerald had been before convicted of felony. MR. CLARKSON conducted the Prosecution. JAMES MULLEN . I am a seaman, and belong to the Spartan. On the 16th of April, at night, I met the prisoners, Buckley and Fitzgerald at Johnson's-change, Rosemary-lane—I had a pint of beer—I was not drunk—they asked me if I would let them have some gin, and invited me into a house—I went into Buckley's house—she asked me to send for some gin—I gave her the money to go for it—she brought some curious coloured stuff for gin—it was the colour of wine or beer—I told them I should not take it at all—I did not taste it—I went to try to get out at the door and they pitched into me there and then—Brien was in the house when I went in—all the three women were in the room, and there was two more girls, but they cut as soon as the row began—I was knocked down and what money I had about me taken—they cut my face in the fall, and the skin was knocked off my hands—I did not taste the gin—I never put it to my lips—when I got up to get out they held the door fast—I could not get it open—they had fastened the door before—when I was on the ground two girls held my arms and legs while Buckley took the money out of my inside jacket pocket—I had 3l. 15s. there, a Spanish dollar, some shillings, two fourpenny pieces, three sovereigns, and a medal—I lost that too—after Buckley got my money out I got up—they went to make their escape—they wanted to go out of the room, but the policeman stopped them—I have seen my dollar since—I knew it to be the one I had by a mark which I had noticed before I lost it. Cross-examined by MR. PAYNE. Q. What time was this? A. Between eleven and twelve o'clock—I had drank nothing but a pint of beer that night—I had not a drop of liquor—what they brought was a darker colour than gin—I said I had often drank gin but never saw it like that. Q. Did not you wish to get at it, but they would not let you because they were too many for you? A. I did not wish to have it at all—I never tasted it—it was seven o'clock when I came out of the Dock-gate—I went and got some clean clothes on—I had only had a pint of beer that day, except in the morning—before breakfast I had a glass of beer, nothing else—this is my signature to this deposition—(read) "When they brought the gin it was rather over coloured—I wished to get at it but they would not let me—there were too many of them—I tasted the gin they brought, but did not like it." COURT. Q. Now you say you did not taste it? A. I never tasted it at all, I will take my oath—something was read over to me at the office before I signed it—I do not know what it was. MR. PAYNE. Q. Do you mean to persist in swearing you had no liquor at all? A. I never drank a drop—it is not true that I tasted the gin they brought, but did not like it—I gave them no money except for the liquor—I was not there above two minutes before this took place—they did not ask me for money. Brien. Q. Was I in the room when you first came in? A. Yes, she was just standing at the door. Fitzgerald. Q. Did not you give me eighteen pence to give Buckley, and she brought the change? A. I gave her a shilling for the gin—there was no time to look for change. JAMES O'CONNOR (police-constable H No. 177.) About twelve o'clock at night, on the 16th of April, I saw Fitzgerald and Brien in Johnson's-change, and stopped them, seeing the prosecutor running after them—he charged them with having robbed him of 3l. 15s. 0d.—he took me back to Buckley's house—I took the two prisoners there with me—he pointed out Buckley as one of the persons—I took them to the station—before I got to Buckley's house with Fitzgerald and Brien I saw Brien stoop—I afterwards went to the spot where I had seen her stoop—I pointed it out to Fony, and there he found a Spanish dollar, a fourpenny-piece, two-pence in copper, and two sixpences, in a heap of ashes. Cross-examined. Q. You found Buckley in the room? A. Yes—Fitzgerald and Brien were about seven yards from the house, running in a direction from the house. Brien. You did not see me drop tine money; you had hold of the sleeve of my frock. Witness. I am sure I saw her stoop to do something. CORNELIUS FOAY (police-constable H 98.) I was at Denmark-street station on the 16th of April, and in consequence of what I heard I went to Buckley's room—I found no money—I afterwards went to the heap of cinders, about six yards from the house, and found a Spanish dollar, two sixpences, a fourpenny-piece, and twopence in copper—the prosecutor described a mark on the dollar, before I showed it to him, and I found it there. Cross-examined. Q. You did not find any sovereign? A. No. MART HORAN . I am the wife of Patrick Horan, a police-sergeant. I searched the person of the prisoner Buckley—I first asked if she had any money about her—she said, "No"—between her stays and shift I found half-a-crown—I found on Fitzgerald two sixpences, a fourpenny-piece, and fourpence halfpenny in copper. Brien's Defence. About half-past nine o'clock I was on Tower-hill, and was taken ill; I went to bed; two females came to the door with this man; Mrs. Buckley was sitting by the fire; I got off the bed, and sat on the step of the door for a quarter of an hour while he was in the room with the two girls; the policeman came up, and turned this young girl from the door; in about a quarter of an hour, another female came to the door, and wanted to drive the man out, saying she would give it to the girl for taking her man away; I ran on the other side of the way, to get from them, and never moved till I was taken. Fitzgerald's Defence. I met this man about half-past nine o'clock on Tower-hill; be took me into a public-house and called for a quartern of gin; two girls came up and asked him for gin, which he gave them; he called for another quartern and a pot of beer; he asked me to go to a house with him; we went to Buckley's; the women followed us all the way; the prosecutor went in with me, and gave her a shilling to get gin; and when she came back he said he did not want me to stop longer; a man came and stood in the passage; I ran out after the other girl, and he ran after me. EDWARD BURGESS (police-constable H 198.) I produce a certificate of Fitzgerald's previous conviction—I was present at her trial at this Court, and swear she is the person—(read—"Convicted Sept. 1844, and confined Six Months.") BUCKLEY— GUILTY . Aged 42. FITZGERALD— GUILTY . Aged 20. Transported for Fifteen Years. BRIEN— GUILTY . Aged 17.— Confined Two Years. --------------------------------------------------- National Archives. DM 101/43/31845 Medical journal of the Lloyds, female convict ship, for 19 July to 12 November 1845 by Charles K. Nutts, Surgeon and Superintendent, during which time the said ship was employed in a voyage to Van Diemen’s Land. (Described at item level). ADM 101/43/3/11845 Folios 1-2: copy of the sick list of female convicts, (names and details follow). Folio 1: Johannah Fitzgerald, aged 20, convict; sick or hurt, syphilis secondary symptoms; put on sick list 29 July 1845, put off sick list 9 September 1845 cured. ----------------------------------------------------