John Mitchell

Level 218

Dianne Jones on 12th August 2022

TRIAL: 29 January, 1849: John Mitchell was convicted and sentenced to 10 years’ transportation, as per the trial transcript below: “452. JOHN MITCHELL, breaking and entering the dwelling-house of John Henry Millns, and stealing 1 gown, and 1 shawl, value 6l. 4s.; his goods; having been before convicted. JOHN HENRY MILLNS. I live at 76, Cornhill, in the house of Mrs. Louisa Heppel—she does not reside in it—my wife carries on the business for her, and I reside in the house—the servants are under my control—I sleep in the third-floor front room—on the 4th Jan., I had occasion to go up to that room; it was kept locked—I took the key up in my hand—when I got to the door I found it standing ajar, and the prisoner standing in the room in front of the chest of drawers—the bottom drawer was kept locked—I found it had been forced open, the bolts of the lock still projected—I found a gown and a shawl on the floor—they had before been in the drawer—I laid bold of the prisoner, and called for the police—he got from me, but he was stopped on the first-floor—he got away again, and he fell at the bottom of the stairs, and was taken by the policeman—I went up-stairs again, and found these two instruments where the prisoner had been standing—I examined the drawer, it had been opened by such an instrument as this—the gown and shawl were my wife's. Prisoner. Q. Did you see your wife put these things away? A. I know they were put away—it is just possible I might put them into the drawer myself—I was the last that left the room that morning—I had had the key in my possession—I left the room about ten minutes to nine o'clock—I put the key on the mantel-piece in the ice-room—I was in that room, and in the shop which communicates with it, till half-past twelve, when I went up-stairs and found you there—my wife had not been up-stairs, and had not had the key—no one had it till I went up, and took the key in my hand—when I left the room in the morning there was nothing on the floor. MICHAEL HIGGINS (City-policeman, 661). I was called to 76, Cornhill, and took the prisoner into custody—I received this jemmy and skeleton key from Mr. Millns—this key is for opening the room door, and the jemmy for prizing the drawer. Prisoner's Defence. I happened to go there to know if they wanted anything, and there was a row on the staircase, and they shoved me down stairs. CHARLES CHAMBERS (City-policeman, 523). I produce a certificate of the prisoner's former conviction at this Court, by the name of Abraham Davis—(read—Convicted Feb. 1839, confined two years)—he is the person—he was also tried in 1841, and sentenced to be transported for ten years. GUILTY. Aged 32.— Transported for Ten Years” (https://www.oldbaileyonline.org/). -- Note: As outlined earlier, one of the previous convictions cited above has been confirmed, but the other for 10 years has not. --00—

Level 218

Dianne Jones on 12th August 2022

As John Mitchell: JAIL: 5 January, 1849: John Mitchell was admitted to Newgate prison. Listed as having two previous convictions – 2 years and 10 years; he was committed for trial by the Lord Mayor. Other details as below: NAME: John Mitchell AGE: 32 BIRTH DATE: 1817 ARREST PLACE: London TRIAL OR COMMITTAL DATE: 29 Jan 1849 TRIAL OR COMMITTAL PLACE: London, London, England JAIL: Newgate CHARGE: Breaking and Entering, Stealing SENTENCE: Transported OCCUPATION: Tailor (UK, Prison Commission Records, 1770-1951). --00--

Level 218

Dianne Jones on 12th August 2022

8 February, 1839: He was sent from Newgate prison to the House of Correction (UK, Prison Commission Records, 1770-1951). --00--

Level 218

Dianne Jones on 12th August 2022

TRIAL: 4 February, 1839: Abraham Davis was convicted at the Old Bailey and sentenced to two years’ jail for stealing in a dwelling house, as per the trial transcript below: “554. ABRAHAM DAVIS was indicted for feloniously breaking and entering the dwelling-house of William Scaley, on the 30th of January, at St. Olave, Hart-street, and stealing therein 1 pelisse, value 1l. 10s.; 1 gown, value 10s.; 1 cloak, value 2l. 10s.; 1 shawl, value 10s.; the goods of Eleanor Hook: 1 cloak, value 10s., the goods of William Scaley the younger: 1 watch, value 1l.; 3 brooches, value 2l.; 1 pair of gloves, value 1s., the goods of Helen Bulmer: and 1 neck-chain, value 15s., the goods of William Scaley. MR. BODKIN conducted the Prosecution. LYDIA FISHER. I am in the service of William Scaley, of No. 23, Colchester-street, Savage-gardens, in the parish of St. Olave, Hart-street. On the 30th of January, between one and two o'clock in the day, I saw the prisoner coming out of the back-attic of Mr. Scaley's house, with a blue bag in his hand—he went down stairs—I followed him—I did not observe him drop anything—Mr. Kemapley, master's clerk, stopped him as he got out of the outer-door, to go out—my fellow-servant and I sleep in the back-attic—none of my property was taken—it is the custom to keep the outer-door of the house shut, but how it was that day I cannot say—the inner-door, leading to the dwelling-house, is usually kept shut—I had not noticed it that morning. Cross-examined by MR. PRENDERGAST. Q. There are many other persons in the house besides yourself? A. Yes; Mr. and Mrs. Scaley, three children, Miss Bulmer, and the cook—I asked the prisoner what he wanted—he said, "Mr. Davis's office," and that he had made a mistake—he began to walk down rather slowly—I said, "Wait a bit," and then he ran down—I can swear he is the person. JAMES HUDSON KEMPLEY. I am clerk to Mr. Scaley. I stopped the prisoner about one o'clock, going out of the outer door—I came out of the counting-house, the door of which is on the outer side of the inner door, hearing an unusual noise, and stopped him—Fisher came down about three minutes after—the outer door was then shut, and the prisoner was trying to open it—the inner door was open, as he had come through it—I had seen both doors several times during the morning—they were both shut—a bag was brought down stairs, which is here. Cross-examined. Q. Who brought the bag down? A. One of the servants—I cannot say which—I have no doubt at all the doors were shut, but I do not know positively—I noticed they were shut in the usual way when I passed them—the inner door has a small catch, which opens outside by a key—there is a catch inside—I had passed it several times in the course of the morning, and perhaps half an hour before. CHARLES CHAMBERS. I am a policeman. I was sent for to Mr. Scaley's house, and found the prisoner in custody—I searched him, and found on him six skeleton keys, a screw-driver, a gold neck-chain, a watch, three brooches, two pairs of kid gloves, and a silk handkerchief—I produce the bag—it contains a green cloth cloak lined with silk, a brown silk gown, a black silk pelisse, a black silk shawl, and a small blue cloth cloak—I took the prisoner in charge—he said he was guilty—I said nothing to induce him to make that observation—I had examined the bag in his presence, before he said he was guilty, and found the things in it—it was lying down close by the door when I went in. Cross-examined. Q. Did you find that neck chain on his person? A. Yes, in his trowsers pocket, with the other articles—I told him I must take him to the station-house, with he said he was guilty—he said so while I was tying his hands in the room—there were two or three persons in the room—I believe Mr. Scaley and Miss Bulmer were there. ELEANOR HOOK. I am cook to Mr. Scaley. This green cloth cloak is mine, and this black silk pelisse, this brown silk dress, and this black silk, shawl—they were kept in my bed-room, the back attic, in a chest of drawers—they are worth 5l.—this blue cloth cloak is Master Scaley's, who is nine years old—that was kept in another chest of drawers in the same room—the watch belongs to Miss Bulmer. Cross-examined. Q. How long have you had the silk shawl? A. About twelve months—it is worth 1l.—I have not worn it ten times—I think I gave about 1l. for it—the silk gown is worth 10s.—I have had that three years—the black silk pelisse is worth 1l.—I bought that last summer new—it is my own make—I gave 22s. for the silk—the doth cloak is worth 2l. 10s.—it is lined throughout with silk, and has a black rilk collar—I have had it about five years—it cost me 4l. HELEN BULMER. This watch and brooches are mine, and these gloves—the value of my things is about 3l. as near as I can judge—this gold neck chain belonged to Mrs. Scaley, but was in a drawer with my things in my bed-room, which is opposite the servants' bed-room—I think it is worth about 10s. Cross-examined. Q. The watch has not been of any service for some time, has it? A. It is an old one, which has been put away some time—I never used it, but I value it as an old friend—one brooch I gave two guineas for, and have not had it two months—I think I have undervalued the things. (Lewis Levy, tailor, of Cutler-street, Houndsditch; Henry Solonous, Monmouth-street; Daniel Bernal, baker, Houndsditch; Samuel Samuels, Taylor's-buildings, St. Martin's-lane; James Gunn, and Sidney Solomons, gave the prisoner a good character.) GUILTY of stealing in a dwelling-house above 5l., but not of breaking and entering. Aged 20.— Confined Two Years” (https://www.oldbaileyonline.org/). --00--

Level 218

Dianne Jones on 12th August 2022

As Abraham Davis: JAIL: 31 January, 1839: Abraham Davis was admitted to Newgate Prison, London, pending his trial at the Old Bailey. He was listed as 5’2” tall, fresh complexion, brown hair and grey eyes; from Whitechapel. Other details as below: Name: Abraham Davis Criminal Admission Age: 20 Record Type: Register Birth Date: abt 1819 Occupation: Tailor Criminal Charge: Stealing Sentence: 2 Yrs Criminal Admission Date: 31 Jan 1839 Criminal Admission Place: England Jail: Newgate Prison Source Description: Newgate Prison, London: Register of Prisoners (UK, Prison Commission Records, 1770-1951). --0--

Level 218

Dianne Jones on 12th August 2022

John Mitchell, alias Abraham Davis, was said to have been twice convicted of felony before his sentence of 10 years’ transportation was handed down at the Old Bailey, in January 1849. He did appear before the Old Bailey, in 1839, as Abraham Davis, and was convicted and sentenced to 2 years’ in the House of Correction. However, a search for a subsequent conviction in or after 1841 – as specified at his Old Bailey trial in 1849 -- did not reveal any likely matches for Abraham Davis or John Mitchell. John Mitchell also denied that he had been transported previously. --0--