James Mcphin

96

Jillian Brewer on 30th August 2024

Born in Middlesex, the son of James Whelpdale (silk pattern printer) and Janet McPhinn. He had a prior conviction for picking pockets in 1844. On landing, Whelpdale was employed as a general servant by Johnson & Campbell in Geelong. Later was a farmer and publican and Learmouth and Burrumbeet. He married Mary Graham in 1852. Died at Ballarat in 1911

343

Maureen Withey on 9th December 2022

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 09 December 2022), December 1844, trial of GEORGE CASTLE HENRY BOGGIS, alias Flynn JAMES M'PHIN, alias Whelpdale (t18441216-251). GEORGE CASTLE, HENRY BOGGIS, JAMES M'PHIN, Theft > simple larceny, 16th December 1844. 251. GEORGE CASTLE , HENRY BOGGIS, alias Flynn , and JAMES M'PHIN, alias Whelpdale , were indicted for stealing, on the 3rd of Dec., 1 pair of boots, value 4s. 6d., the property of John Yates; and that M'Phin had been before convicted of felony; to which CASTLE pleaded GUILTY . Aged 14.— Confined Six Months. BENJAMIN CLARK . I am errand-boy to Mr. Stover, who is a shoe-maker, and lives in Whitechapel-road. About half-past four o'clock on the 3rd of Dec. I was out on an errand, and saw the prisoners together nearly opposite the prosecutor's—I had seen them about the road in company for about three weeks or a month, and I knew them to be acquainted—I heard M'Phin say, "Let us cross the road "—they crossed, and passed the prosecutor's shop—I watched them, and Castle walked by the shop two or three times—a lady came to the door—Castle watched her in, and then he took a pair of boots off the hook by the door-post—the other two prisoners were a few doors past the shop, and their heads were turned from it—they were near enough to have seen the shop—Castle gave the boots to M'Phin, and he and Boggis crossed the road, and began to throw stones at one another—they then went down St. Mary's-street, and ran off together—Castle ran on, and a policeman caught him—I saw Mr. Yates come out, calling, "Stop thief!"—I gave information of what I saw, and the next morning I saw Boggis pass my master's shop, which is opposite White-chapel church—I knew him again, and gave him into custody—I saw. M'Phin. again on Wednesday evening, and gave him into custody—I have not the slightest doubt that the prisoners are the boys I saw. M'Phin. When he saw Castle give me the boots why did he not tell Mr. Yates where I was, and why did he not give me into custody; while I was picking up stones? he had time to give me in charge. Witness. I did not see a policeman—my eyes were on Castle while the other two were in the road—they made off as soon as Mr. Yates came up—Castle had gone down the road. Boggis. We were at the Pavilion theatre that night; I know nothing about it. M'Phin. We were round the playhouse door about five o'clock. Witness. This was about half-past four—the street they ran down is on the same side as the Pavilion is. JOHN YATES . I am a shoemaker, and live in Whitechapel-road—I was at my cutting-board at the back of my shop on the 3rd of Dec.—a little child of mine gave an alarm—I ran to the door and pursued the prisoner Castle—I could not catch him—I called "Stop thief!" and the policeman caught him—when I first went out, Castle had a pair of boots in his hand—he gave them to a boy taller than himself; but I could not swear to the boy, as my attention was directed to Castle—when Castle was stopped he denied it, but Clark came up and said, "I know all the thieves, I have watched them for the last three weeks, they have been about our door watching the boots and shoes; if you will keep it quiet I can take them all;" and he did—I missed the pair of boots from the shop door-post—my wife had been just before at the door—she left, and weal into the parlour, and at that moment, it appears, the boots were taken from the door-post. JAMES OTWAY . I live with my father, who is a gardener. On Tuesday evening, the 3rd of Dec., I saw Castle near Mr. Yates's shop window—I saw a lady at the door—she went in, and Castle took a pair of books off the hook, and gave them to a bigger boy than himself, with a velvet coat on, and ran towards Mile-end gate—M'Phin looks like the boy be gave the boots to—I believe him to be the same. THOMAS GREEN (police-constable H 136.) I was on duty on the 3rd of Dec.—I saw Castle running, followed by the prosecutor—I stopped Castle—he said, "I have nothing; I have done nothing"—Clark came up and said that Castle took the boots, and gave them to another boy with a velvet coat. EDWARD BURGESS (police-constable H 198.) I received M'Phin into custody—I told him it was for a pair of boots that he stole out of Whitechapel the other evening—he told me he was at the Pavilion—I asked him if he knew Castle—he said he did not—I had not mentioned the time when the boots were stolen. M'Phin. Castle stated to Boggis that he cut them down with a knife, and chucked them over the almshouse garden. THOMAS WEST (police-constable M 249.) I produce a certificate of M'Phin's former conviction which I got at Mr. Clark's office—(read—Convicted on the 10th of June, 7th of larceny from the person, and confined three months)—the prisoner is the person who was then tried by that name. BOGGIS— GUILTY . Aged 15.— Confined Six Months. M'PHIN— GUILTY . Aged 18.— Transported for Ten Years . ---------------------------------------------------- Convict Exiles Index. James Whelpdale, age 20, per Thomas Arbuthnot. Date of trial, 16/12/1844, at C.C.C., sentence, 10 years, Charge, Larceny. Remarks: See also McPhinn, James.