Caroline Mckelvin

135

C H on 29th February 2024

Old Bailey Online STEPHEN BARRY. CAROLINE McKELVIN. Theft; simple larceny (from 1827). 20th October 1831 Text type Trial account Defendants STEPHEN BARRY, CAROLINE McKELVIN Offences Theft > Simple larceny Session Date 20th October 1831 Reference Number t18311020-207 Verdicts Guilty, Not guilty Punishments Transportation Before Mr. Recorder. 2164. STEPHEN BARRY and CAROLINE McKELVIN were indicted for stealing, on the 20th of October . 14 lbs. of beef, value 5s., and 1 ham, value 9s. , the goods of Nathaniel Dyer ; and that the said Caroline McKelvin had been before convicted of felony. NATHANIEL DYER. I keep an eating-house in York-street, Westminster . This beef and ham hang at the end of my kitchen - the prisoners lived in a room, the window of which is about four feet from the tiles of my watercloset; they could get on there, and get down to my premises - on the 21st of October, about one o'clock in the morning, I saw McKelvin on the tiles; I went out, and said, "Halloo! what do you do here?" Barry was inside his own room, talking to her - he said, "It serves her right, she will not come in;" I said to her, "Come down into my yard then." but she would not; I said, "If you don't come down into the yard, I will shoot you;" she put her foot up, and ran across the warehouse tiles into a court, and got into her own house - I directly missed the beef and ham; Barry came out into the yard, and a woman called out from a window, "There is something thrown out at the window where the girl lives;" the beef was found on the top of the wall - the ham has not been found; I looked down, and saw the shin of beef laying on the stones - it had been removed from its place; I sent for a Policeman, and we went to their door - Johnson opened it when we knocked - we took her into custody, and she gave as information; we took the prisoners, and found in their room a piece of suet, which matched with the aitch-bone of beef which was thrown down - McKelvin was laying on the bed. McKeloin. Q. Did not I open the door to you? A. No. HANNAH JOHNSON . I saw McKelvin at the window of the house her father occupies, about one o'clock in the morning; Dyer came out and said, "If you are not off I will shoot you" - I saw a woman at the window; McKelvin ran up the tiling, and jumped off the wall, which was about twelve feet high - she had nothing then; she sat a few minutes, then got up, ran into the passage, and slammed the door too - I then saw her throw a piece of beef out of the window; I called to my husband, who was in Dyer's premises at the time, and told him; he picked the beef up - when we got a light Dyer claimed it; I heard a man say, "D - n you, what the bell have you been up to; are you going to transport me?" - after the prisoners were at the station I went there- McKelvin flew at me, and struck me in the face; she had heard my account. Barry. Q.Will you swear I used those words? A. I cannot say, but he is the man I saw at the window; it was quite moonlight - I could see McKelvin well. THOMAS JOHNSON . I am the last witness' husband; I was talking to Dyer at the front door - Mrs. Dyer said,"Hark, what is that?" Dyer ran backwards - I had not been in the yard half a minute before he called me; I went and saw McKelvin running across the tiles - she jumped off into the passage; I made haste round - she ran in, and slammed the door too in my face: the shin of beef was found on the ground - I had not seen it in her possession; it was picked up - I saw another aitch-bone of beef thrown out of the window of the room they lodge in, after I returned to the yard; it fell on the wall - I afterwards went into the room; I know McKelvin lived there, but do not think I knew Barry before - a little piece of suet was found under the bed; Dyer matched it to the beef - it appeared to me to be part of that beef; after taking it off the wall Dyer told me to stop there while he got a Policeman, and I heard Barry swear at McKelvin several times, and ask if she wanted to get him transported - I could not hear her answer; after Barry was taken to the station I went up to the room - McKelvin d-d my eyes, and said I and my wife were the cause of it; she took a hammer up, and knocked me down with it - all I had said was that I thought the best thing Cooper could do was to search the house for the ham; and at the watch-house she d-d my wife, and struck her. Barry. Q.Where were you, when you heard me say any thing? A. In Dyer's back premises; you was in the back room; I am sure it was your voice - the other man, who lives on the premises, is quite an old gentleman; when I mentioned about the woman knocking me down at the watch-house, Barry said it would have served me right if she had killed me. DANIEL RIERDON . I am a Policeman. I was sent for, and went up to the prisoners' apartment - an old man, who I believe is McKelvin's father, was in the same room; there was only one bed in that room - when I went in I met Cox; she went up stairs - Dyer charged her and Barry with it; I took Barry to the station - I afterwards returned, and found McKelvin laying down in the back room - Dyer gave charge of her; she pretended to be asleep - Johnson said, "Mr. Dyer you had better look for your hams;" McKelvin immediately made a blow at him with the hammer, which fell from her hand - Dyer afterwards produced some suet, which I fitted to the beef, and am convinced it belonged to it; when Mrs. Johnson came into the station-house, McKelvin strock her - I heard Barry say it served her right. ELLEN COX . I occupy the same room as the prisoners. I opened the door, when Dyer came, and he gave me in charge - I said I was not the girl, and was discharged - I was asleep in the room at the time - I heard a great scuffle, and got up; I saw McKelvin out on the tiles, and Barry in the room; McKelvin chucked the meat into the room- I did not see Johnson struck; I saw him take a hammer out of McKelvin's hand - he showed me his forehead, which appeared hurt. Barry's Defence. I went to have a pint of beer, and met the female prisoner - I went to see her home at one o'clock; it was too late to go home, and I remained there; I was awake, got up, and saw her on the tiles - I never made use of the words they state; it was her father, who was at the window, when I awoke. McKelvin's Defence. My father lives at this place -I met Barry, and was much intoxicated; he came to see me home, and threw himself on the bed - I was undressing- my father got up, and asked me a question; I answered him very sancy - he swore he would kill me, and I jumped out on the tiles; he dragged me in by my hair - the meat was found in an unoccupied house - it was very dark, and rained; this woman could not have seen me - some young men in the yard used to throw us pieces of pudding and fat, and in that way the suet must have got there; I struck Johnson because I was naked, and he thrust his hand into my bosom. THOMAS JOHNSON . She was not naked - she was dressed as ussale; I did not behave at all indecent to her - the Policeman had her in charge before I entered. DANIEL RIERDON. He did not behave at all indecent; her gown was on when I entered the room - I produce a certificate of her former conviction. JAMES DYER , SEN. I know McKelvin - I was present at the Westminster Session in 1829, when she was convicted of stealing a ham of mine - (Certificate read.) McKELVIN - GUILTY . Aged 21. Transported for Seven Years . BARRY - NOT GUILTY .

338

Penny-Lyn Beale on 13th September 2020

New South Wales, Australia, Convict Indents, 1788-1842. Burrell (2) 20 May 1832. No; 219 - 32. 72 . Caroline McKelvin Age; 21 Est Date of Birth; 1811 Single Occupation; Nurse Maid Offence; Stealing meat Family in Colony; Cousin Thomas Lane, some time ago -----------------------

174

Iris Dunne on 9th April 2018

Convict Indents: Named: Caroline McKelvin, aged 21, can read and write, Catholic, Single, Trade: Nurse Maid, Offence: Stealing Meat, Tried: 20 October 1831, C:40/1185, Report: 26 Dec.1839 Convict Index: COF No.40/1185 dated 30 July 1840 - named MCKELVEN and MCKELVIN. Married James Mills, 9 May 1839 Death: Caroline Mills, 1850, Sydney, NSW, Volume No.1490/1850 - V18501490 117, age 40 - NSW BDM