John Levers

218

Dianne Jones on 6th August 2022

TRIAL: 25 October, 1847: John Levers was convicted at the Old Bailey and sentenced to 10 years’ transportation for burglary, as per trial transcript below: “2369. JOHN LEVERS was indicted for burglariously breaking and entering the dwelling-house of William Hare, Earl of Listowel, about one in the night of the 4th of Oct., at St. Margaret, Westminster, with intent to steal, and stealing therein 6 aprons [6 spoons on jail record], value 2l.; 1 pencil-case, 5s.; 1 purse, 6d.; and 6 shillings, the property of Mary Jarrett; having been before convicted of felony. MR. BALLANTINE conducted the Prosecution. MARY JARRETT. I am housekeeper to William Hare, Lord Listowel. I had the charge of his house, which is called Kingston House, Knightsbridge—his Lordship has been absent some time—on Monday, 4th of Oct., I went to bed about ten o'clock—before I went, I looked round the house, and fastened it all—on the following morning I was awoke by the gardener, went down stairs about half-past six, and went into the morning room where I found the window open—it opens on to the lawn—I am quite certain that window was closed the night before, and barred with two iron bars—I then went into the drawing-room, and found the window there open—it is a window folding down to the ground—that was closed the night before, and had a bar across the shutter—it had not been opened for a fortnight—the shutter was inside—I missed from a room called the still-room, six silver tea-spoons, a silver pencil-case, and a purse with about six or seven shillings in it—they were all my property. Cross-examined by MR. PARRY. Q. Do you remember whether that was a wet night or not? A. It was a fine night—it did not rain at all, nor the day after. CHARLES BOXALL. I am gardener to Lord Listowel. On Tuesday morning, 5th of Oct., I was going round the house an usual—I was on the lawn within the garden walls—I sleep on the grounds—I noticed the window of the morning room open—I went to unlock the door that opens from the lawn into the kitchen-garden, and saw footmarks on the border near the wall—I found a button there—there were the footmarks of three different persons—I called up the housekeeper—I was present when Bradshaw the policeman compared a shoe with the footmarks in the garden, on Wednesday morning, about half-past seven, they corresponded—I gave the button to Bradshaw. Cross-examined. Q. Were the footmarks leading from the window, or towards it? A. There was a gravel walk, we could not tell which way they walked from the window as the footmarks did not leave any trace there—the marks were on the border in the kitchen-garden—they were about a quarter of an inch deep—the policeman fitted the shoe first, and I afterwards—I fitted the shoe into four or five marks, and found they exactly corresponded—we did not walk on the mould ourselves—we could reach the marks from the walk—we just put one foot on, to get over to the other side—there were three different footmarks—it had not been raining at all—the soil was quite moist with the dew, and it had been raining two or three days before—there was no rain during the night, or the day after, not between the time the footmarks were made, and the time we compared them—there were a few pinks growing in the border—there were no flowers and vegetables growing where the footsteps were—the traces were not on the leaves of the leaves of the flower—they were quite distinct in the mould. I put the shoe in, as well as the policeman. MR. BALLANTINE. Q. Before putting the shoe into the impressions, did you examine the bottom of the shoe at all? A. Yes, and also the impressions—there were six or seven rows of nails on the show—the marks of nails were quite plain in the impressions on the border—we made a fresh impression and it corresponded. COURT. Q. How is the kitchen-garden divided from the lawn? A. By a wall—on the lawn side of the wall there is a gravel-walk, close up to the wall—they must have got over the wall—I do not recollect whether the foot-steps pointed to or from the wall—I found the button on the kitchen-garden side. JOHN OSMAN (policeman. T 233.) On Monday, 4th of Oct., I was on duty in Kensington Gore, at about ten minutes or a quarter to eleven o'clock, and saw the prisoner in company with two others, going in the direction of Kingston House—they were near Park-lane, between Lord Listowel's and Kensington, about a quarter of a mile from the house—by Park-lane, I mean the lane that leads out to Brompton, commonly called Gore-lane. THOMAS BRADSHAW (policeman, T 130.) On Tuesday morning, the 5th of Oct., I went to Lord Listowel's house, which is in the parish of St. Margaret's, Westminster, between eight and nine o'clock—I went into the morning-room, and the open window was pointed out to me—I examined it inside and out, and the shutters likewise—in my judgment it had been opened from the inside, a person could then come on to the balcony, and then there are three steps down to the garden—I went to the drawing-room, and found the front window of that open—I examined it from the outside—the handle of the shutter might have been turned easily, and by just pushing it, it might be forced in—the bar of the shutter would not fasten, so that outside push would open it, and the window was opened by it's being left not catched—there was a handle to it with a catch—I then went to a wall dividing the kitchen-garden from the lawn, and found several footmarks there—I traced the footmarks of three different persons down the kitchen-garden—I received this button from the gardener—on the evening of that same day I was in Knightsbridge, and saw the prisoner there in company with, I dare say, a dozen others—I took him into custody—before so doing, I observed a button off of his coat, which coat I produce—I took him to the station, and found 15s. and three halfpence on him—on the following morning I took his left shoe to Lord Listowel's, compared it with the footmarks there, and they exactly agreed—when I took the prisoner into custody, I told him I took him on suspicion of being concerned with others in committing a burglary at the Earl of Listowel's—he said he knew nothing about it—that was all he said—I found in the drawing-room a piece of greasy paper on one of the chairs, and two Lucifer matches on the carpet. Cross-examined. Q. What time in the evening was it you saw the prisoner? A. About half-past nine o'clock—the money was in a leather purse in his left-hand pocket—he was not at a public-house—he was standing in the Knightsbridge-road, opposite the cab-stand, about half a mile from Lord Listowel's—I have the shoe here (producing it.) COURT. Q. Did you notice whether the footmarks were towards the wall or from the wall? A. From the wall—there were several marks towards the wall and close to it, but I could not discern them perfectly—it was rather dusty where they got up—there was a line of marks that I could trace from the wall down the garden—part of those had the toe pointing towards the wall—there was a scratching up the wall, as if somebody had scrambled up, and under that there were marks—I could discern the toe-plate of a shoe in one part, but the ground was very loose and dusty close to the wall, so that I could not discern more—I saw two footmarks on a border opposite, pointing towards that spot—the others were going away—there were footmarks for upwards of 100 yards down the garden, going away—next to the border there was a gravel path—some of the marks went towards the wall, and some from it—at the time I first took the shoe from the prisoner, it had the other half of the heel on, but it was very nearly off—he had the shoes back, and wore them for two days, and when I had it back again, this part of the heel was off—it was in its present state when he gave it to me—I went and fetched it away from Tothfield's prison. JOHN CHANDLER (policeman, T 61.) I produce a certificate of the prisoner's former conviction—(read—Convicted 17th of Aug., 1846, having been before convicted, and confined three months)—I was present at the trial—he is the person. GUILTY. Aged 20.— Transported for Ten Years.” (https://www.oldbaileyonline.org/) --00--