James Kennedy

343

Maureen Withey on 18th February 2023

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 18 February 2023), July 1802, trial of JAMES KENNEDY (t18020714-21). JAMES KENNEDY, Violent Theft > highway robbery, 14th July 1802. 514. JAMES KENNEDY was indicted for making an assault in the King's highway, upon Elizabeth, the wife of Samuel Butcher , on the 7th of July , putting him in fear, and taking from his person, two pair of stockings, value 10s. a half shawl, value 5s. a pair of slippers, value 2s. a pair of sciffars, value 1s. and two handkerchiefs, value 2s. the property of the said Samuel. ELIZABETH BUTCHER sworn. - I am the wife of Samuel Butcher: I was in High-street, St. Giles's, on the 7th of this month, about ten o'clock at night, with my sister, Mary Morgan . Q. Had you any bundle? - A. Yes, containing two pair of cotton stockings, a half Norwich shawl, a pair of scissars, a pair of Spanish leather slippers, and some trifling things besides, there were two pocket handkerchiefs. Q. Did any thing happen to you? - A. Yes, three boys followed us from the corner of Dyot-street, to the Hampshire-hog yard, nearly oppsite the church gate. Q. Had you ever seen them before? - A. Not to my knowledge; they passed us several times so close as to brush our clothes as they passed, the prisoner was one of them. Q. Are you sure of that? - A. Yes; I communicated to my sister a suspicion of one of these boys, when one of them stopped at my side, under pretence of buckling his shoe; the prisoner at the bar immediately snatched at my bundle, which I had on my arm; I held it tight; he made a second attempt immediately, and got it from me; he ran down Hampshire-hog-yard, with one of the others. Q. You had never seen the prisoner before? - A. No. Q. When did you see him again? - A. I saw him the next morning, at St. Giles's watch-house. Q. Have you even seen the bundle since? - A. No. Q. Are you sure he was one of them? - A. Yes, but he was not in the same dress that he is now, he was dressed more like a working person. SARAH MORGAN sworn. - Q. Were you with your sister? - A. Yes. Q. When was it? - A. On the 7th of June; the watch had just done crying ten, my sister had hold of my arm; I observed three boys dogging us, the prisoner was one of them; they were sometimes behind us, sometimes before us, and sometimes at the side of us. Q. Had you ever seen the prisoner before? - A. Yes, I had. Q. Are you certain he was one of them? - A. Yes, they took the bundle from my sister's arm. JOHN DALTON sworn. - I am a constable, I apprehended the prisoner, but found no property. Prisoner's defence. At the time the robbery was committed, I was at home at supper. Q. (To Dalton.) Where did you take the prisoner? - A. I took him the next evening, at the ruins, the bottom of Cross-lane, where the gang meet and consult before they go to work. Q. Did you know him before? - A. Yes, I have known him for a long time. Q. Did he appear to you to be deaf? - A. No, I did not know he was deaf; I spoke to him in the usual way of speaking, and he answered me every word. For the Prisoner. ANN READ sworn. - I lodge in the same house with the prisoner and his mother, No. 9. Bowlyard; I went up stairs, last Wednesday week to geta light, as near as I can guess, about ten o'clock, in his mother's room; I saw the prisoner then in the room; he was apparently at supper; he sat at the table eating, but I cannot say what; his mother was in the room with him, and his father, and there was another person, who lives in the house, Mrs. Colleit, was at supper with him. Q. How did you get the light? - A. They gave me a light from their candle. Q. Where did you get that light? - A. I stood at the door, neither in nor out, when they gave me a light. Q. Who brought the candle to the door? - A. The mother. Q. Was there any other candle in the room? - A. I did not see any other. Q. Was there any other man besides him and his father? - A. No. Q. Did you observe any thing on the table? - A. I did not take notice. Q. Did you see whether there were plates upon the table or not? - A. I cannot say positively, whether there were or not; I saw a dish, and I thought I saw some plates. Q. Did you see any plates? - A. Yes, there were two plates. Q. Are you sure there were two plates? - A. I am positive there were. Q. Was there any liquor upon the table? - A. I did not see any. Q. No pot, or any thing of that kind? - A. No. Q. Any cloth upon the table? - A. No, I saw no cloth. Q. Whereabout was the prisoner sitting or standing? - A. He sat near the fire-place. Q. Was here any fire? - A. I did not see any fire. Q. Were all the others standing? - A. Yes; the room is a very small one. Q. Whereabout is the fire-place, is it on the side which faces the door? - A. The fire-place is on the left-side as you enter the room, and the window faces the door. Q. Did you see him afterwards that night? - A. No, I did not. Q. There was a house burnt down lately in St. Giles's, how far is that from Bowl-yard? - A. The back of the bake-house that was burnt comes into Bowl-yard. Q. How near the end of Bowl-yard, that comes into High-street, is the place where Kennedy lived? - A. Our house is at the end of Bowl-yard, nearest to Belton-street. Q. How do you know it was about ten o'clock? - A. I heard the watchman going ten a few minutes after I had got up stairs with the light. Q. How many people lodge in the house besides Kennedy? - A. I cannot tell, the house is four stories high, and two rooms on a floor. Q. Is there a separate family in each room? - A. Yes. Q. And the door left open all night, perhaps? - A. No. ELEANOR COLLETT sworn. - The same night that this happened, I was eating a bit of supper with this young man. Q. Do you live in the same house with him? - A. Yes, at the bottom of the house, at the ground-floor. Q. How soon did you quit the room where he was? - A. Directly after ten o'clock. Q. How long had you been in the room? - A. About half an hour. Q. Who were at supper besides you? - A. His father, his mother, his sister, my sister, and myself. Q. What had you for supper? - A. A piece of corned beef. Q. Was there any fire in the room? - A. A very little. Q. Who sat next the fire? - A. The father. Q. Where did the mother sit? - A. At the head of the table, by the side of his father; I sat next to the mother. Q. Where did the daughter sit? - A. The opposite side next to me. Q. Where did the prisoner sit? - A. Next to his sister, between his sister and the fire, on the other side of the table. Q. How far was he from the father? - A. Very near. Q. Do you remember Mrs. Read coming for a light? - A. Yes, just as I was done supper. Q. Did she come into the room? - A. Yes. Q. Did she sit down? - A. Not to my knowledge. Q. How long she stay in the room? - A. Not two minutes to my knowledge. Q. What did she come for? - A. A light. Q. Who gave her the light? - A. The mother. Q. Did she go down stairs before you? - A. Yes. Q. How long after her did you go down? - A. Not many minutes for the watch was just gone ten. Q. Did you leave him in the room? - A. I did. Q. Did you see him afterwards that night? - A. No, I did not. Q. How many people live in this house? - A. There are nine families in the house, I have got two children. Q. (To Mrs. Butcher.) Where had you been before this happened? - A. At my sister's, they keep St. Giles's watch-house. Q. Had you come immediately from St. Giles's watch-house? - A. Yes, the watch-house clock had struck ten, and we came away immediately after. Q. How long did you stay in the watch-house after the clock struck ten? - A. No longer than while I put my cloak on. Q. How far is the watch-house from Dyot-street? - A. About a quarter of a mile. Q. Whereabout is the watch-house? - A. At the bottom of Smart's-buildings, Holborn, the first turning from Drury-lane. GUILTY, aged 17. Of stealing, but not violently from the person . Transported for seven years . First Middlesex Jury, before Mr. Justice Lawrence. -------------------------------------------------- Tasmanian Records. https://stors.tas.gov.au/CON22-1-1_0612 Per Calcutta, James Kennedy, Middlesex G.D., 14 July 1802, 7 years.