James Mackness

218

Dianne Jones on 14th January 2024

CONFIRMING TERM OF SENTENCE -- 10 YEARS: The Old Bailey case transcript (above) says he was sentenced to 10 years, based on the conviction for burglary and a previous conviction. So does his jail record for Millbank Prison, London, where he was sent following his conviction. After that, he went to Portland Prison and then to Portsmouth Prison, where he was held from early 1860 to September, 1861. Below is his record on admission to Portsmouth: Inmate #6314, John Mackness, 22 when convicted; convicted burglary and previous conviction, Central Criminal Court (Old Bailey), on 17 August, 1857, 10 years' penal servitude; health good, behaviour very good (England, Criminal Lunatic Asylum Registers, 1820-1876; Quarterly Returns of Prisoners in Hulks and Convict Prisons; 1860; March quarter). He boarded the Lincelles from Portsmouth Prison on 18 September, 1861. His WA Convict record (John Mackness #5928) also gives his term as 10 years, as does his Fremantle Jail record below: MACKNESS, James; inmate #5928, arrived 28 Jan 1862 per Lincelles Date of Birth: 1832 Marital Status: Unmarried Occupation: Waterman, sailor Literacy: Illiterate Sentence Place: London, England Crime: Burglary Sentence Period: 10 years Ticket Leave Date: 18 Mar 1862 Conditional Pardon Date: 6 Mar 1865 Comments: Labourer, boatman, whaler (https://fremantleprison.com.au/history-heritage/research/convict-database/). --0--

342

Maureen Withey on 16th November 2023

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 16 November 2023), August 1857, trial of JOHN REARDON (21) JAMES MACKNESS (22) THOMAS PLANK, (34) (t18570817-882). JOHN REARDON, JAMES MACKNESS, THOMAS PLANK, Theft > burglary, 17th August 1857. 882. JOHN REARDON (21), JAMES MACKNESS (22), and THOMAS PLANK, (34) Burglariously breaking and entering the dwelling house of Richard Jolly, and others, and stealing a quantity of metal, his property. 2nd COUNT., for receiving the same. MR. W. J. PAYNE. conducted the Prosecution. RICHARD JOLLY . I am a sailmaker, and live at No. 276, Wapping. I am in partnership with my son, Richard—on Friday night, 7th Aug., I shut up my warehouse myself, at half past 7 o'clock, and turned the gas off at half past 10 o'clock—I went round to all the doors, they were quite safe—the counting house is connected with my dwelling house by a covered way—in that warehouse I had three boxes—the covers were open—they were what we put old metal in—they contained yellow metal, and copper, and some composition called pump chambers, a brass tube that is put down in the pump to keep the pump from chafing—my son's coat was hanging up in the warehouse—I went to the warehouse the next morning about 7 o'clock—I found a part of the warehouse door broken right through, and bars and bolts twisted off—the three boxes of metal were then gone, and all the things I have spoken of—I noticed that a rope that I left inside when I went to bed was fastened on the wharf, and hanging over it towards the river, they had lowered the boxes down with it—a person, if the tide served, could bring a boat up to our wharf—that rope was in a position so that anything might be lowered from the wharf—I think it must have been high water somewhere about 3 o'clock on the morning of the 8th—some metal was shown to me afterwards by inspector Bridges (produced)—I can speak to it—there is my own name on it—this is some of it. RICHARD JENNINGS . I am in the service of Mr. Jolly—I saw the premises on the Saturday morning, a little after 6 o'clock—I found a jemmy in the warehouse—I gave it to the inspector—this (produced) is it, and that is a portion of the woodwork that was broken away from the back door—the mark on the woodwork corresponds with the jemmy. THOMAS RICE . I live at No. 29, Park Street, Poplar, and am a waterman. On the morning of Saturday, 8th Aug., I saw the prisoners, Reardon and Mackness, between 5 and 6 o'clock—Reardon placed his boat on the shore alongside of mine, that was at Limehouse Stairs, which is a good distance from Mr. Jolly's warehouse—that boat laid on the shore about half an hour, until I took some passengers across the water; when I came back, I rowed my boat to the same place, and took some more over—that boat was still there—about half an hour afterwards, Mackness came down—I did not see any one with him at that time—he went down to the boat and carried up a case of yellow metal—he had a cart with him—there was another man with him—I could not swear to Plank, but I believe he is the man that brought the cart—he was a very stout man, like him—Mackness carried a case of copper out of the boat up the alley into the cart—Reardon carried one up too; he fell down on the stairhead with it—the other man took it off his back, and put it on his own back, and took it down to the cart—they each carried a box—the boxes were taken one after the other—as each box was put into the cart, the tail board was put up very quickly—they put the tail board up directly they put one in—then the cart went away—the carman went away with it—I saw the cart on the Thursday—it was Plank's cart—I had seen that cart before once, when it came down to the stairs—it was the same cart that I saw come down to the boat and take the three boxes away. Cross-examined by MR. METCALFE. (for Plank). Q. You have never said that before have you? A. Yes—I never saw the cart until I went along with Mr. Bridges—I told Mr. Bridges that the other man that came with the cart was a big man, but I could not swear to Mr. Plank—I saw Brown there, he had to mind the boat—he was there at the same time—he saw this person also—a lid of a box was shown to me—that (produced) is the lid—it appears to be like the lid of the box I saw—that is the elm lid—I gave a description of what I had seen. JAMES BROWN . I am a labourer, living at Poplar. On the morning of Saturday, 8th Aug., I was at Limehouse Stairs between 5 and 6 o'clock—I was with Rice, the last witness—I saw the prisoners Reardon and Mackness there—I saw them shove a boat on the shore, and fetch three cases out of the boat—one of those cases, was broken, the lid was off, and it contained yellow metal—they were taken down an alley, but I did not see where they went to—it is a passage that leads from Limehouse into the street—Reardon carried one, and Mackness carried another—Mackness carried two, a large one, and a small one—I saw another man, but the distance was so great I could not identify him—it was between fifty and sixty yards—Mackness asked me to give an eye to the boat, and he would give me a shilling when he came back—I saw the cart in the distance, but I did not know whose it was, or who the man was with it. PETER BIDGOOD . (Policeman, K 168). On Saturday, 8th Aug., about half past 6 o'clock in the morning, I saw Reardon and Mackness together in Brook Street, Ratcliff—they were, coming from the direction of Plank's house, and were about 200 yards from it—I stopped them—Reardon had a bundle with him, tied in a handkerchief—it contained this coat (produced)—I asked him whose it was; he said it was his own—I asked him where he got it—he said he picked it up down the street—I asked him what street, and he said, "Down below"—he repeated that several times, and on the road to the station he said that he had picked it up in a doorway in the Commercial Road—I took him into custody—Mackness went away while I was speaking to Reardon. JOHN THOMPSON . (Policeman, K 21). I followed Mackness after Bidgood had taken Reardon—I came up to him, and said, "What have you got in that bundle?"—he said, "I don't know anything about the other man; he just called me, and I went and spoke to him; I have been at work on the river, taking a barge down to the Victoria Dock"—I took him lock to Reardon and the other constable, and he immediately called out to Reardon, "You don't know me, do you?"—Reardon said, "No, I do not; you are a stranger to me." GEORGE BLAKE MANGER . I am a china and glass dealer, in High Street, Stratford. I know Plank, and have had dealings with him—on Saturday morning, 8th Aug., a little before 10 o'clock, I met him in Bow Road—he had a horse and cart, and some metal in it, partly in bags and partly loose—it was copper, and was what is called Munce's metal; that is, yellow metal—I went with him to Mr. Glasscote's to sell it, and got 8l. for it—this is the bill and receipt (produced)—I gave him the receipt, and paid the prisoner—the copper weighed lqr. 14lbs., and the brass, 1 cwt 3 qrs. 11 lbs.—I have bought metal of him before in the way of business—I used generally to purchase it at his shop—he is a marine store dealer—when I met him in the Bow Road he said he was coming down to my house. Cross-examined. Q. You have often dealt with him? A. Six or seven times, or probably more—there was no secrecy in the transaction—it was sold for a fair price—the yellow metal fetched rather more than the fair price—I have never heard anything against his character—the two chambers were loose in the cart, some was in bags—it is very common to put it into bags—I did not observe any name on either of the chambers when I bought it. JOHN DIXON . I am in the service of Mr. Glasscote, of Great Garden Street. Plank brought this metal with Mr. Manger—I afterwards showed the pump chambers to Mr. Jolly, the younger—they were amongst the metal. THOMAS BRIDGES . (Thames police inspector,) On Saturday morning, 8th Aug., between 7 and 8 o'clock, I went to Mr. Glasscote's premises—I there found this jemmy and this piece of wood—the marks fit—some violence had been used in effecting the entrance—in consequence of information, I afterwards went to Mr. Glasscote's—I produce the pump chamber which I got there—Mr. Glasscote's name was marked in chalk on it—on that same evening at 11 o'clock, I went to Plank's stable in George Street, Commercial Road—I found him there—I told him that I was an inspector of police, and that I called on him relative to a metal transaction that he had had with Mr. Manger on Saturday last—he said, "I know nothing of any metal"—I said, "You know Mr. Manger, of Stratford?"—he said, "Yes, I know Mr. Manger, but I know nothing of any metal"—I took him into custody, and on our way to the station he said, "It will be best for me to tell the truth: two men came to me, and told me that they had bought some metal out of a shop at Limehouse"—he said nothing else—I took him to the station, and then went and searched his house in Whitecross Street—in the kitchen, by the fire, I found part of an elm chest, which had been chopped up, and partly burnt—in the stable I found this lid of a box—I also found a purse, and ten sovereigns in it. RICHARD JENNINGS . re-examined. This is the lid of one of the boxes which contained the metal in my master's warehouse, and one of these pieces of wood I can identify by some nail holes of my own making, at various times—we have sent this box with things in it, and these marks are where I have nailed it, and broke the wood away—I can also swear to the coat. RICHARD JOLLY . re-examined. I know this coat perfectly well; it is my son's warehouse coat—it was safe in the warehouse on Friday evening. (Plank received a good character.) REARDON and MACKNESS— GUILTY . PLANK— NOT GUILTY . Reardon and Mackness were further charged with having been before convicted: to which REARDON PLEADED GUILTY.— Ten Years Penal Servitude. WILLIAM CHARLES POTTER . (Policeman). I produce a certificate—(This certified the Conviction of James Nubley, at Clerkenwell, in Nov., 1851, of larceny, and that he was sentenced to six months imprisonment)—Mackness is the person who was convicted in that name. MACKNESS—GUILTY.— Ten Years Penal Servitude.

5

Tess Wilbe on 16th November 2023

The Middlesex Criminal Records of 17/08/1857 records Jame's sentence as 15 years. Departure records state a sentence of 10 years - probably an error that saw his sentence inadvertently reduced. Granted ticket of leave 08/03/1862 Granted conditional pardon 06/03/1865