John Mccarthy

218

Dianne Jones on 28th February 2021

MARITAL STATUS: Single. NATIVE PLACE: Southwark, Surrey; also listed as St Olives (see https://stors.tas.gov.au/CON31-1-7$init=CON31-1-7p295). IN VDL: Granted a Ticket of Leave 1843; recommended for a Conditional Pardon for the Australian Colonies on 26 August 1845; extended 18 May 1847 (see https://stors.tas.gov.au/CON34-1-5$init=CON34-1-5P300).

341

Maureen Withey on 7th June 2020

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 07 June 2020), February 1834, trial of JOHN McCARTHY (t18340220-68). JOHN McCARTHY, Theft > animal theft, 20th February 1834. 386. JOHN McCARTHY was indicted for stealing, on the 27th January , 1 gelding, value 25l.; 1 cart, value 25l.; 1 set of harness, value 2l.; 10 sacks, value 30s.; and 1 ton 500 lbs. weight of flour, value 21l. , the goods of Allen Mason . CHARLES NASH . I am in the employ of Mr. Allen Mason - he is a wharfinger , and lives at Brookes' Wharf, Upper Thames-street ; on the 27th January I had a gelding and a cart, and ten sacks of flour in it, which I was to take to Holloway; I was going by the New Post-office about five o'clock, and the prisoner came and spoke to me; I did not know him before, but he asked if that was not Mr. Mason's cart; I said, "Yes;" he said I had got the wrong note; I asked him who sent him; he said the clerk of the wharf had given him a pot of beer to come and tell me; I asked, "Which clerk?" he said, "The one with the crutch;" (Mr. Mason had such a clerk in his employ) - I turned my cart back, went towards home, and left the cart at Vintners'-hall; I ran home, and when I got there I found what the prisoner said was false; I went back to Vintners'-hall, which is about one hundred yards from my master's, and the cart and horse and flour were gone; I had not been absent more than five minutes; I ran halfway up Queen-street, but could not find the cart; I returned and told what had happened, and the men were all sent out - I saw the horse and cart again the next day - I am sure the prisoner is the person. Cross-examined by MR. DOANE. Q. It was at the end of Newgate-street, that the person spoke to you? A. Yes, he told me to go back; if I had taken the horse and cart back to the wharf, this would not have happened - I had never seen the prisoner before, and it did not take much time for him to speak to me - I saw enough of him to swear to him. JOHN HALL . I am in the prosecutor's employ - I loaded the cart with flour. JOHN KEMPSTER . I was coming out of my house in Steward-street, Spitalfields, that evening - I heard a cry of"Stop thief," and saw the prisoner running round the corner - I tried to stop him, but could not - I pursued him, and he was taken in my sight - I afterwards saw the horse and cart, which was loaded with flour. DANIEL FORRESTER . I am an officer - on the 27th of January, about twenty minutes after six o'clock, Mr. Mason came to the Mansion-house, and stated, that he had been robbed of the cart and flour - I went with my brother to Artillery-lane, and saw a cart with two men with it - I saw the name of Mason on the cart - one of the men had hold of the horse, and was turning him into Duke-street - when they saw us, they left - I followed one of them; he turned into Steward-street - I called "Stop thief," and he turned back again to Duke-street, and was taken - that was the prisoner. Cross-examined. Q. You had lost sight of him? A. Yes, there was another person with the cart - I only followed one - I did not notice his dress in the first instance; but I believe the prisoner is one of the men who was with the cart. JURY. Q. Did you see him do any act? A. I believe one of them had his arm on the horse's head; I cannot say which. JOHN FORRESTER . I was with my brother - I am fully satisfied that the prisoner is the person who was turning the horse's head round - he ran off the moment he saw us - I took the horse and cart. JURY. Q. Do you swear positively that he turned the horse's head? A. To the best of my belief, it was him - he went away - his dress was all over flour - there had been ten sacks of flour in the cart, when it was taken; and when we found it, there were only six. MR. MASON. I saw the horse and cart, and knew them to be mine - there had been ten sacks of flour in it - I received six sacks at the Mansion-house. JURY to CHARLES NASH . Q. Did any other person speak to you in the street? A. No, only the prisoner, he told me to go back - I did not notice whether there was any flour on his dress - he was in a brown dress - I did not notice whether it was fustian - I did not go anywhere else, nor leave the cart until I got to Vintners' Hall, and then I ran home - I have been six years and three months with my master - the ladder was up at the back of the cart - I swear positively the prisoner is the person who spoke to me - he was not dressed as he is now - he did not say anything to induce me to leave the horse and cart in the street, or in his care.( Edward Lloyd , No. 3, King-street, Southwark, and Timothy Keough , a cow-keeper, gave the prisoner a good character.) GUILTY . Aged 19. - Transported for Life .