Robert Lyall

135

C H on 29th February 2024

Old Bailey Online WILLIAM SHEEN. ROBERT LYALL. WILLIAM STEWART. Theft; receiving. 28th October 1830 Text type Trial account Defendants WILLIAM SHEEN, ROBERT LYALL, WILLIAM STEWART Offences Theft > Receiving Session Date 28th October 1830 Reference Number t18301028-192 Verdicts Guilty, Guilty, Not guilty Punishments Transportation 2036. WILLIAM SHEEN , ROBERT LYALL , and WILLIAM STEWART were indicted for feloniously receiving, on the 25th of August , of a certain evil-disposed person, 2 trunks, value 8l.; 4 boxes, value 12s.; 2 hampers, value 5s.; 1 bag, value 12s.; 4 bottles, value 20s.; 1 bottle-case, value 12s.; 30 gowns, value 30l.; 3 hats, value 3l.; 2 bonnets, value 2l.; 3 books, value 26s.; 1 watch, value 6l.; 1 watch-chain, value 2l.; 2 seals, value 10s.; 2 sheets, value 50s.; 4 shirts, value 3l.; 8 shifts, value 50s.; 24 pairs of stockings, value 3l.; 6 petticoats, value 30s.; 1 pair of stays, value 30s.; 6 handkerchiefs, value 20s.; 18 towels, value 30s.; 6 yards of ribbon, value 10s.; 2 waistcoats, value 20s.; 2 work-bags, value 2s.; 1 silk bag, value 2s.; 2 neck-chains, value 1s.; 2 yards of lace, value 8s.; 3 night-caps, value 5s.; 2 aprons, value 3s.; 2 napkins, value 5s.; 4 brushes, value 12s; 1 work-box, value 7s.; 2 pairs of gloves, value 3s.; 5 pairs of shoes, value 30s.; 1 shawl, value 25s.; 4 caps, value 50s.; 2 brooches, value 13l.; 1 necklace, value 20s.; 2 combs, value 20s., and 1 sovereign, the property of Edward Cohen , well knowing the same to have been stolen ; against the Statute, &c. MR. ADOLPHUS conducted the prosecution. EDWARD COHEN. I live in Great St. Helen's, and at Suffolk-place, Islington. I had been round the coast, and returned to town on the 21st of August, by the Margate steam-boat - we landed about four o'clock, at St. Katharine's; Cooper, by my direction, met me there - my wife and two daughters were with me; I had nine large packages, containing the articles stated in the indictments - I had seen them packed up, and they were in the steamboat with me; Cooper was my porter - he had a truck with him to carry them in; I saw them all in the truck, and Cooper went to Great St. Helen's with them - he said to me that a person whom he had known some time, had offered, just at the dock gate, to assist him, and they both came together to Great St. Helens with the truck; Cooper there asked me if I would allow Smith, the person who was with him, to take the luggage to my residence at Islington - he said he knew him to be an honest man, and he would go part of the way with him; I allowed him so to do - I then went with my family to Islington, and reached there about half-past six or seven o'clock; I waited till nine, and, as the luggage did not arrive, I sent my servant to town to inquire if it was coming - I went to town myself, about half-past ten o'clock, but could get no account of my property; I went in the morning to Lambeth-street office, and gave information, and three or four days afterwards Lee produced some articles. Cross-examined by MR. CHURCHILL. Q. You en trusted them to Cooper? A. Yes, and he recommended Smith at Great St. Helens - I did not say at the office that Smith met me at the wharf; I did not see him till he was at St. Helens - he went with Cooper; I gave my consent that he should take the goods - Cooper said he was an honest man, and he would take them safely: I suppose he had to go two miles and a half - they were in a common truck, not more than my own porter could conveniently take care of; Cooper said he himself wished to go away -I saw them in St. Helens, and Cooper and Smith were there together; a few articles and some wrappers were found where Smith lived - I have seen Jane Smith several times at Lambeth-street, and once or twice at the prison, where I went to ascertain where the property was; she had a shift, which was among this property, on her back - she went up stairs with the matron and my wife, and they found it on her; I was before the Grand Jury when she was examined - I did not say I would have her transported if she did not tell the facts; I said most likely she would be transported if she did not state the facts. MRS. MARY ANN COHEN . I returned with my husband and two daughters to St. Katherine's-docks, in the Margate steam-boat, on the 24th of August; we had nine packages containing the articles stated, three Church of England Prayer-books, some Bibles, and other things - a shift was found on Smith, in my presence, and some towels, pocket-handkerchiefs, a double-bladed knife, a bag containing some lace, and some other little things were produced by the officer, which were a part of the property contained in our trunks and boxes. CHARLES COOPER . I am a porter in the employ of Mr, Cohen. I went to meet him on his return, on the 24th of August - I took the nine packages into a truck; this was about half-past four, or a quarter before five o'clock - I saw Smith just at the time the steam-boat came up, and he shoved behind the truck in going to St. Helen's -I then found it was so late that I was obliged to go elsewhere; Smith there took charge of the truck from my recommendation - all the things were then in it, and he was to take it to No. 3, Suffolk-place, Lower-road, Islington: I did not know where Smith lived - I went with him to Liverpool-street, and there left him; I had a pint of beer before I left him. Cross-examined. Q. What made you recommend him? A. I always took him to be an honest hard-working chap - I dare say I had known him twelve months or longer; I had not seen him before that, perhaps, for two or three months - I did not know what was in these packages; there were two hampers, two portmanteaus, two large boxes, and a bag - there were nine in all; I cannot exactly give you the description of the others - there was a white cloth over them before I saw them; there was one cloth over each of two packages - I left Smith about the middle of Liverpool-street. JANE SMITH . I am the wife of William Smith. I know the prisoner Lyall, and I saw the other two in the van with me when I was taken to prison; Lyall came into my place on a Tuesday - I do not know what day of the month it was; I went before the Magistrate on the Saturday - I was lodging in Flower and Dean-street - there were some boxes and other things which my husband brought in; they were there all night, and went away early in the morning - we had another lodging in Cheshire-street, Waterloo-town. Cross-examined. Q. Where did you come from? A. From Newgate - I was taken with these prisoners, and have been there ever since: I have not seen Mr. Cohen in Newgate, but I did at Clerkenwell - I saw him there a good many times; he asked me a good many questions - he asked if I knew Lyall; I said I did not - he said he would give me fourteen years if I did not tell him all about it; he did not threaten me with any thing else - he did not touch me at all; I told him at first I did not know Lyall, but after he spoke to me I told him I did - I said before the Magistrate that Mr. Cohen had threatened me, and I was frightened; I did refuse to swear to what I had said in consequence of Mr. Cohen's threats - I said nothing against the other two, and did not know the name of Lyall till it was suggested to me. COURT. Q. Did you know what was brought to the place? A. Gowns and linen; I put some of the linen on- it was claimed by Mrs. Cohen; I told the Magistrate I was frightened - the things were at my husband's on the Tuesday before I was taken. ELIZABETH JOHNSON . I am the wife of Andrew Johnson - we live in Flower and Dean-street , opposite the house in which Smith lodged. On a Tuesday evening I saw Smith bringing a load in a truck - I do not know the day of the month; he stopped at his own door, took out a very handsome small box, a carpet bag, and a white deal box; he looked over, saw me looking at him, and let down the end of the truck on the curb; I was standing with my baby in my arms - he then took out the other things which seemed to be boxes, but I could not well see what they were; on the following morning, between six and seven o'clock, I saw a cart come to take away the things - there were two men and a woman besides the carter; I cannot tell who either of them were except Sheen, he was the carter, but I did not see him take any thing from the house - he was in the cart guiding the horse; I did not notice any name on the cart; it went away and returned not long after - I cannot tell the time - it took some things away then; there did not seem to be much - it might have taken them all at once. Cross-examined. Q. Was the cart larger than the truck? A. Yes, it would have held twice as much as the truck did; I cannot tell whether there was any necessity for it to return. COURT. Q. Is the man who brought the truck, the husband of Mrs. Smith? A. I believe them to be man and wife; I never knew any thing dishonest of him before - I went before the Magistrate a few days after I saw them. SAMUEL DENSTON . I am a journeyman carpenter. I was at the new church, at the corner of Angel-passage, Skinner-street; I cannot positively say that I saw any of the prisoners, but I saw a cart, the carman, two men, and a woman were with it; the name of Sheen was on the cart, and I think William, but I know it was Sheen - the carman was in the cart, and handed the goods to the others -I first saw a large bag put on a man's back, and then a woman took something covered, which I thought was a looking-glass. Cross-examined. Q. You speak rather in doubt about the name on the cart? A. I am positive to the name of Sheen, but whether it was William or not, I will not say - I think it was on a Wednesday. COURT. Q. Were you before the Magistrate? A. Yes - I think it must have been a fortnight afterwards. MR. ADOLPHUS. Q. What time in the morning was it? A. Just as we were going to breakfast, a little before eight. CATHERINE BUTLER . I live at No. 9, Angel-passage, Skinner-street - the house is all let out in tenements; I remember one morning seeing Lyall and Stewart come in with some goods - I saw them carrying up a large parcel like a box or something, and then I saw a woman carrying up things; I did not see any cart - the goods were taken away again the same day. Cross-examined. Q. Where were you? A. In my own room - the bottom room; I was coming out of my door, and saw them - they went to the top-room; I did not take much notice - I thought it was people moving, to live in the house; I do not know whether the goods which were removed were the same or others - I saw them take in some goods, and some were taken out; it was on a Wednesday - I do not know the day of the month. MR. ADOLPHUS. Q. Were the goods and things taken out in appearance like those they brought in? A. Yes, they came a little after seven o'clock in the morning; I think I went to the Justice about three weeks afterwards. WILLIAM BAXTER . I am a shoemaker, and lived at the corner of Angel-passage. One Wednesday morning, about seven o'clock, or a few minutes after, I was sitting at work, and heard a cart; I looked through my window, and saw a cart unloading by two men, who were Lyall and Stewart - I saw two parcels taken out of it; there was another man, but I cannot tell who that was -I saw one woman with them; I did not see any name on the cart. Cross-examined. Q. You did not see more than two parcels? A. No; I saw one was a largish bundle with a kind of blanket outside. COURT. Q. Did you go before the Magistrate? A. Yes, in about a fortnight. ELIZABETH DERRINGTON . I live in Flower and Dean-street. One Tuesday night, between six and seven o'clock, I saw Smith come home with a trunk which had a parcel of luggage of boxes in it; I did not see anything else - on the next morning I saw a cart come, between six and seven o'clock, with the carman, (who was William Sheen ,) and a woman - Sheen did nothing, but stood with the harness in his hand towards the horse; the woman put two boxes, and a parcel like clothes tied up into the cart - the cart came back again with Sheen and took in some sacks, which Lyall and a woman brought out; Sheen did not get out of the cart. COURT. Q. What did Lyall do? A. He put something into the cart tied up in sacks; they appeared to have things in them, and were very heavy. Cross-examined. Q. How many sacks? A. Two heavy sacks; what was in them I do not know. JAMES LEE . I am an officer of Lambeth-street. In consequence of information, on the 28th of August I went to No. 14, Cheshire-street, Waterloo-town; I found Mrs Smith there, and under the bed I found a quantity of handkerchiefs, stockings, napkins, and other articles of wearing apparel; there were eight muslin handkerchiefs, five pieces of muslin, four stockings, a shift, and a number of other things - I found a knife and a clothes-brush; that was all I found then - I took the woman to Lambeth-street, and found on her two keys; I then went to No. 1 or 2, in Flower and Dean-street - I there found the pieces of a deal box, and the embers of what appeared to have been a hamper, burned in the fire; my brother officer found a handkerchief with Mr. Cohen's initials on it - I did not see any man at either place; on the 11th of September I went to Wentworth-street, Whitechapel, and took Sheen, where he lived with his father - I inquired if he had taken any goods of any description from a house in Flower and Dean-street, on the 25th of August; he said he had - I asked how often he went; he said once with a cart, and he took them into Bishopsgate-street, as far as the halfpenny toll - he there met two men with a horse and cart, that the men told him they were tired of waiting, and they thought he was not coming; he said their cart came from Westminster and had oysters in it - he said he put the things into that cart and he was to have 1s. 6d. for the job; he also stated that it was at half-past seven in the morning when he moved those things - he did not say from whom he was to have the 1s. 6d.; on the 16th of September I went to Stewart's house, in Angel-alley, Bishopsgate-street, in company with Shelswell and another person - I found Stewart, and told him I apprehended him on a charge of receiving goods, knowing them to be stolen; he said very well, he would go - I searched the room, and there were four square pieces of deal which appeared to have been a deal box - he and his wife were in bed; Shelswell took from under the bed a piece of a deal box with some chalk writing on it; it got rubbed out, but I can nearly recollect what was written on it - there were four or five silk gowns, twenty-five other gowns, eighteen towels, stockings, handkerchiefs, caps, and a variety of articles; and 16s., 1l., 14s., and other sums put at the end of each lot, as if they had been sold for that - I found in the box two skeleton-keys, a picklock-key, a crow-bar; on a further search, when I was there, there was a hole in the ceiling, and Shelswell and another person got through the hole and brought down a great quantity of house breaking implements, such as jemmies, crow-bars, &c.; I took them, and then went and took Lyall, in Castle-street, Whitechapel, very near where Sheen lives - I searched his promises and saw a bottle of oil, but I did not take it at that time: I described it to Mr. Cohen, who desired me to bring it away - this is it; I told Lyall what I took him for. Cross-examined. Q. Then Mr. Cohen did not describe the bottle till you had told him of it? A. No; this is the board that had the writing on it - I do not know how it got rubbed off; I did not take a copy of what was on it - I will swear it was not in pencil - I mentioned at the Police-office what Sheen said about the cart and the oysters. THOMAS SHELSWELL . I am an officer. I assisted Lee in searching for these things; we took Sheen at his father's house, and Stewart in Angel-alley - I found this board under the bed; it had gowns, shifts, petticoats, and other things marked on it, with figures carried out- it was in chalk, and here is the word shifts nearly re maining now - this bottle of oil was found at Lyall's; I found these other things at Smith's, and two wrappers with a square mark on them, as if a box had been tied up; here is one wrapper marked K., No.2 - another marked C., No.2; and another with no mark on it - here is a handkerchief marked M. A. C., No. 1; and these other articles which have been identified by Mrs. Cohen. JAMES LEE . I found these shifts, and this apron marked M. A. C., No. 5; a shift taken off Smith in Clerkenwell Prison is not here - here are a variety of little pieces of lace, ribbons, and other things found under the bed in Smith's room. Cross-examined. Q. But these crow-bars and other implements were not in that room? A. They were in a lost over Stewart's room. MR. COHEN. I had a bottle of oil similar to this, which was packed up with my things; I have no doubt this is it - but I cannot swear to it; this clothes-brush I have had some years - there is a small piece broken from the side of it. MARY ANN COHEN . These articles all belong to me and my daughter, and were part of the things put into the packages to bring to town - these wrappers are my husband's. Lyall's Defence. I am perfectly innocent; Lee knows he found other things there. JAMES LEE . I found two hair brushes which Mr. Cohen did not identify. Mr. COHEN. These brushes are not mine. Stewart's Defence. I am perfectly innocent. LYALL - GUILTY . Aged 26. STEWART - GUILTY . Aged 23. Transported for Fourteen Years . SHEEN - NOT GUILTY .

135

C H on 29th February 2024

Description Born 1804. Place of birth Newington Surrey Gender male. Height 5' 7". Religion Protestant (unspecified). Has tattoo no. First recorded 1830