George Kain

341

Maureen Withey on 20th March 2022

Conduct Record George Kain. Per Minerva. https://stors.tas.gov.au/CON31-1-25$init=CON31-1-25p162 George Kain, alias Jackson. Tried Central Cr. Court, 27 Nov 1837, Life. Transported for Robbery. Gaol report, Not known. Hulk Report, Orderly. Stated this offence, Highway Robbery, first at Ratcliff. Michael Nugent left on board the Fortitude. Single real name George Kain. Many incidents and punishments recorded on his record. In margin: Q.S. 28 Sep 41. - 4 years Hard Labour.

341

Maureen Withey on 20th March 2022

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 20 March 2022), November 1837, trial of MICHAEL NUGENT GEORGE KAIN, alias Jackson, (t18371127-98). MICHAEL NUGENT, GEORGE KAIN, Theft > extortion, 27th November 1837. 98. MICHAEL NUGENT and GEORGE KAIN, alias Jackson, were indicted for that they, on the 3rd of November, at Ratcliffe, feloniously did threaten one Francis Harrison to accuse him of the abominable crime of b----, with a view and intent in so doing to extort and gain from, him certain of his monies and property; and by intimidating him by the said threat did unlawfully and feloniously extort and gain from him 7s. and 6d., his monies.—2nd COUNT, for threatening to accuse him of attempting and endeavouring to commit the said crime. MESSRS. CLARKSON and BALLANTINE conducted the Prosecution. FRANCIS HARRISON . I am a watchmaker and jeweller, and live in Broad-street, Ratcliffe. On Friday, the 3rd of November, about twelve o'clock in the day, I was in Schoolhouse-lane—I had fetched a clock from a customer, and had it with me—the prisoner Kain came up to me—I turned round, and saw Nugent with him—they were together—Kain said to me, "Don't you know me?"—I said, "No"—he said, "You must recollect me from what took place last night"—I said, "No, what was it about?"—he said, "You must recollect"—he said that I had indecently used him—he said, "You took hold of my person"—he did not mention what part of his person—I told him he was mistaken, and to go about his business—he said he was not mistaken, I was the man—and he said, "Give me some money, or I will expose you"—Nugent was close to him during this—I walked on—he said that the one who was with him was his witness—Nugent must have heard that—I walked on toward my house, which was about two hundred yards, or more than that—they continued to follow me, but I did not look round—they followed me to the bottom of the lane, and then Kain said, "Come, come, stop"—I stopped, and asked him what he wanted—he said, "You have used me in a s----way" and asked again for money—I told him to come on to my house, and explain—he said, "No—I am as b----wide awake as you"—I walked on till I got to my house—they continued to follow me—I went in doors—I called my wife into the shop—they must have heard me call her—she was close to the shop in the passage—the front door of the shop opens into the street—the prisoners did not go into the shop, they stopped at the door, but I opened the glass door, and told them to come in, and they both came in to the outer door—I then asked them what they wanted with me—Kain said he wanted money—he said, "Give me some money, and we will say nothing about it—if you do not, we will expose you and punish you"—my wife asked them what they wanted the money for—I repeated to her, that they had accused me of an indecent assault, and wanted money for it—I refused to give them any money—they frequently said they would not go away without they had some money—Kain said that Nugent was his witness—he said that loud enough for Nugent to hear—my wife appeared to be very much flurried, and said in their hearing, that she wished me to give them money to get rid of them—I refused at first to do so, but seeing her state of mind, and being much agitated myself, I said, "Give them some," and she gave them 8s.—I directed her to do so, in consequence of the threat that had been used—after she gave them the money, she said, had they not better give a receipt, or they would come again, addressing herself to them—Kain said, "Yes, we will give a receipt"—I think my wife gave the money to Nugent, but they both stood close together—I was very much intimidated by the accusation, before I directed her to give them the money—I wrote the receipt—this is it (looking at it)—my wife put a slip of paper into my hand—I said, "What am I to write? "—Kain said, "Clear of all charges"—I asked him his name—he said George Jackson—I then wrote the receipt and gave it to Kain—he handed it to Nugent, who looked at it, and signed it on the left-hand corner—he then returned it to Kain, and said, "Make a mark," and Kain made a mark—I wrote this "George Jackson"—that was the name he gave me—this is the paper—(read) "Nov. 2, 1837, "George Jackson received 8s. and begs pardon for this unfounded charge. George Jackson, ? his mark, and Nugent"—after this, my wife said, "You will not come again?"—Kain said, "This is clear of all charges "—just at this time my servant, Elizabeth Lowitt, came in—next morning before twelve o'clock, I went to the Thames police-office, and got a warrant—about six o'clock in the evening I had a policeman at my house—I saw the two prisoners at the shop window—I went round directly and opened the door—Kain said, "A'ynt you going to give us something?"—I asked them both to come in, and they did so, after some hesitation—I then closed the door, and Ellis the constable, directly took them into custody—he tied each of their arms together, and Kain said to me, "This is as close as we were under the bridge"—I never had any communication with the prisoners in my life, until they attacked me the day before in the street—I never gave either of them a watch—I have three children, the youngest is six months old to-morrow—I have lived in my present house since 1823, and within a few doors of there since 1818. Kain. He gave us a watch. Witness, I did not. Cross-examined by MR. PAYNE. Q. After they got home to your house, did both you and your wife refuse to give them any money? A. We both refused at first—they said they would not go out till we did give them some money—Nugent made no reply, when Kain said he was his witness—my wife was very much flurried, and said we had better give them some money, and get rid of the fellows—I said, "No, we cannot give them any money"—I wrote the receipt out of my own head—I put in the words "apologise for this unfounded charge," out of my own head—I was afraid from what they had said, that they would make the charge against me. Q. On your oath, was it not because your wife was fluried that you gave them the money, and not from any real fear that a charge would be made against you? A. It was from fear in my own mind as well—we were both very much flurried, and I was flurried in the street—I objected to give them money in the first instance, knowing they were trying to rob me—I certainly continued to object for some time, but I was nearly as anxious as. my wife to get rid of them, my flurry was so great—I refused to give it them at first, as I thought they would perhaps go away when they found me obstinate—Kain appeared the principal person—he spoke the whole time—all that I heard Nugent say was, "Make a mark," and he wrote his name first. COURT. Q. Were you alarmed at the whole transaction?—were you in fear of their making the charge? A. I was very much alarmed—I would not have parted with the money, but through fear. GEORGE ELLIS . I am a constable of the Thames police. In consequence of Mr. Harrison having come and made a complaint at the office, on Saturday, the 4th of November, I received a warrant to apprehend the prisoners, and went to the prosecutor's house with it, about four o'clock—I remained there till six o'clock, at which time the prisoners came—I asked what they wanted with that gentleman, pointing to Mr. Harrison, who was behind his counter—Kain said, "He knows very well what we want; we have come for some money"—I immediately took them into custody, and fastened them together—on my doing so Kain turned round to Mr. Harrison, and said, "This is as close as we were when we were under the bridge"—I conveyed them to the station-house, and on the way there Kain said, "Oh, Harrison is a guilty man, or else what made him give us the money and watch"—I asked Kain how much money—he said, "8s., and we have given a receipt for it"—this was said in Nugent's hearing—they were fastened together at the time—I asked Kain how long ago it was since he first saw Mr. Harrison—he said, "About three weeks ago, in the Ben Jonson's Fields"—he said that Mr. Harrison came up to him, and said he wanted * * *—he then said, "I went under the bridge with him"—he did not say when—he said it was three weeks ago when he first saw him—he said he went under the bridge, and there Harrison * * *—I said, "Did Harrison give you any thing?"—he said no, bat Mr. Harrison was going to charge him with a robbery, and he turned round and ran away—he said, "I have never seen him till last Friday, and here is my witness"—I asked Nugent what he saw of the case-he said he followed them over the fields, and saw them go under the arch of the bridge together * * *—they neither of them said what day or week this was—I did not ask them to fix the day. Cross-examined. Q. Did the statement of what occurred under the bridge immediately follow his saying it was about three weeks ago that he first saw him? A. Yes it did—I said nothing more to them when I first went into the shop than "What do you want with this gentleman"—they were inclined to be very impudent, and to make use of foul language, and there being females in the shop 1 told them to be quiet—I was dressed as I am now, not as a policeman—I belong to the Thames police—I had never seen them before—I have no doubt they knew I was an officer by living in the neighbourhood. COURT to- MR. HARRISON. Q. Did you ever meet these men in Ben Jonson's Fields? A. Never—I never gave either of them any watch, or any money, except the 8s. I have mentioned—I never went up to Kain in Ben Jonson's Fields, and say what has been represented—I never went under a bridge with either of them—there is not one word of truth in all they told the officer. ISABELLA HARRISON . I am the prosecutor's wife. On Friday the 3rd of November, about twelve o'clock, I was at home—my husband came into the passage to me, and I went into the shop—the two prisoners came in by my husband's desire, and my husband said they had charged him with having committed an indecent assault, and that they wanted money from him—I gave them some by his desire—we were both very much frightened, and I said, "You had better get rid of them "—he walked up and down the shop, knocking his hands, and said, "Get rid of them, get rid of them, we must get rid of them "—I then suggested something about a receipt, and the receipt was given—I did not see them again till Ellis took them into custody. Cross-examined. Q. Did you at first say you had no money? A. Yes—I said, "I have no money, what am I to do?"—I got the money off the table—I said I had none, as I did not wish to give them any—my husband said there was no occasion for a receipt from such fellows. ELIZABETH LOWTIT . I am in the prosecutor's service. On Friday, the 3rd of November, I had been for a walk, and came in with the children about one o'clock—I saw the prisoners coming out of the shop door—on the following day master went before the Magistrate, and while he was gone the prisoners both came to the house—I opened the door to them—they asked if Mr. Harrison was in—I told them he was not, and asked them what they wanted with Mr. Harrison—they said that was their business, and not mine—they said they were not going to be put off in that way—I told them to come again at four o'clock, and they did so—Mr. Harrison was not at home then—I told them to come again at six o'clock—they did so, and were taken into custody. MARY ROLLINSON . I am the wife of Henry Rollinson, who keeps dairy in Brook-street, Ratcliff, opposite School-house-lane. On a Friday morning Mr. Harrison came to my house for a clock—it was half-past eleven o'clock when he went away—our house is three or four minutes' walk from his—I believe it was the 3rd of November—after he had been gone Kain came into our shop alone—I had seen both the prisoners before he came in by the dead wall, opposite my house, just before Mr. Harrison came for the clock—when Kain came, he asked me who that gentleman was who had just gone out—I told him he was a clock-maker, and lived in Broad-street, and told him his name—Kain then went out, and joined Nugent—they appeared to talk together, and then ran down School-house-lane. MARTHA DOUGHTY . I am the mother of Mrs. Harrison, and live in their house. Mr. Harrison keeps very good hours—he is a very regular man—I remember his going out to supper on the 24th of October last, to Mr. Ruston's—with that exception, I have not known him out so late as eleven o'clock, for three weeks before this transaction—I can say so for six months, and more than that before—he is a very regular living man, good husband, and a good father—he was very regular in his hours while his wife was lying in, about six months before—I think he left home about eight o'clock the night he went to sup at Mr. Ruston's. JOSEPH RUSTON . I keep the Anchor and Hope Tavern, in High-street, Wapping. On Tuesday, the 24th of October, the prosecutor came to my house, a few minutes after eight o'clock—my house is about a quarter of an hour's walk from his—he left about five minutes after twelve o'clock—I know Ben Jonson's Fields—that is about two miles or two miles and half from my house. ELIZABETH WORTLEY . I have been lodging in Mr. Harrison's house for ten weeks last Monday. I remember his going to sup at Mr. Ruston's, on the 24th of October, about eight o'clock, and I heard him come in about twenty minutes or half-past twelve o'clock—with the exception of that one night, he has never been out after dusk since I have been there, to my knowledge—he is a regular attentive man to his family. Kain's Defence. It is impossible for a lodger to tell what time a man comes in—I said nothing about its being last night when I met him—it was about three weeks back that it occurred—I met him at Ratcliff-cross—I lived at a fishmonger's, in the highway—I and this young man were coming home, and met the prosecutor in Ratcliffe-highway, and then the question he put to me was, "I want **** GEORGE ELLIS re-examined, Ratclift-cross is about a quarter of a mile from Harrison's house, and a mile from Jonson's Fields—it is in an opposite direction. NUGENT— GUILTY . Aged 18. KAIN— GUILTY . Aged 17. On the first Count— Transported for Life. Third Jury, before Mr. Recorder.