Joseph Metcalf

221

D Wong on 21st June 2021

Old Bailey: JOSEPH METCALFE. Theft: theft from a specified place. 13th May 1812 Reference Number t18120513-36 Verdict Guilty > with recommendation Sentence Death JOSEPH METCALFE was indicted for feloniously stealing, on the 23d of April, in the dwelling-house of William Barton, one shagreen case, value 2 s. four lancets, value 2 s. one steelyard-beam value 10 s. and a bank note, value 20 l. the property of William Barton. WILLIAM BARTON. I live at No. 14, Mark-lane, in the parish of Allhallows Staining. I am a surgeon. Q. When did this happen - A. On the 23d of April. Q. Are you the sole owner of the house - A. Yes. The prisoner was employed to paint the house. Q. In what part of the house was this case of instruments, and the twenty pound note - A. In the back parlour on the ground floor. Q. Was the bank note in a drawer - A. It was in a drawer in the desk; the desk was locked; I had seen the bank note between ten and eleven o'clock on the evening before; it was then safe. Q. On what time of the day on the 23d did you miss it - A. Between ten and eleven in the morning. The shagreen case was kept in the same desk, and the lancets in the case. The steelyard-beam was in the same room, in another drawer, locked. On missing these things I went to the Bank to stop payment of the note, immediately I missed it. Q. As this desk was locked had the lock been forced by violence, or was it picked - A. I do not know; it was not wrenched open by a crow. Q. Are you quite sure that you had locked the desk when you last saw the desk - A. Yes; I am quite sure I had locked it. Q. As you gave notice to the Bank to stop it, how long was it afterwards that you heard of it - A. It was stopped at the Bank the first day I missed it. I went to the Bank between eleven and twelve in the morning. Q. When did you see the note again - A. I do not recollect how soon afterwards. I had no particular mark of my own to know the note by. I had the bank note at Sir William Curtis 's bank; I think I received it on the 27th of March. The prisoner continued at the house at his work. I sent for a constable. The prisoner was searched; I believe they found nothing on him. I afterwards went with the constable to the prisoner's house; the prisoner went with us; the lancet-case, and the steelyard-beam we found at the prisoner's house. Q. Did the prisoner at all account for their being in his house - A. I think he said they belonged to some one else. The lancet-case he said belonged to some one else. I am sure the steelyard-beam and the lancet-case are my property. WILLIAM BRAND I am one of the marshalmen. I was sent for to take charge of the prisoner at Mr. Barton's house; I found the prisoner at work there, painting. I told the prisoner that I had a very unpleasant circumstance to relate to him, that Mr. Barton was suspicious that he had taken a twenty pound note out of his desk. The prisoner said he knew nothing of it. I told him I must search him. I did search him, and found nothing upon him of consequence but a key; I asked him what key that was; he said, it was the key of the door; I told him I must search his apartment; I took him with me, and went to the room in Camomile Mews. I opened the door with that key. Q. Was any body there - A. No one. There was nobody in the room when we entered it; his wife was not at home. I then proceeded to search. The first thing I searched was a chest of drawers, or a bureau; the first thing I found, that Mr. Barton identified, was a case of instruments, which I produce; he claimed it, and he said it was in the desk where the money was. I then found a pocket-book in the same drawer, it contained ten one-pound bank notes. I enquired of the prisoner, before that time, if he had any money in the house; he said he had a little. Upon looking at them notes I found each note had a particular stamp at the back, as if they all came from one person. I said to Mr. Barton, I am satisfied that this is part of the property; he has changed the note. The prisoner said nothing. We then proceeded to search further, and in a deal box, not locked, lay the steelyard-beam; Mr. Barton identified it. I then asked the prisoner, whose box it was; he said it was either his brother-in-law's, or a relation's; I cannot say which, but I think, a brother-in-law's. I found nothing more until his wife came in, when we had nearly closed the search. I ceased from searching, and began to look at her; the prisoner was standing by; I asked her if she had got any money in the house; she said she did not know of any, except a trifle that she had in her pocket, a three-shilling piece, and a eighteen-penny piece, and a trifle of silver. I found by the receipts that they had paid away, from Saturday night before, several pounds. I asked her what money her husband brought her home on Saturday night; she said, a guinea and a half. This was the Thursday. I told her I found by the receipts I had in my hand that they had paid away more money than that; she said, that was accounted for by a pound note she had saved up previous; but that did not account for the whole of the money. I then asked her if she had not got some money in her pocket; she said no, only that trifle of silver. I told her to empty her pockets; she did, and pulled out this pocket-book, and in the pocketbook was ten one-pound notes, that makes twenty one-pound notes found in the house; they were all bank notes. Upon examining the notes, I found they answered with the description of the stamp that the others had; they were all stamped. I then asked her how she came by them; she said she had them from her mother, as she was with child, and an expensive time was coming on. I told her I was satisfied how she came by them, and asked her where she had changed the twenty pound note; she said, at the bank that morning. Q. Her husband heard all this, did he - A. Yes. I then asked her of whom she had the twenty pound note; she hesitated a moment, and said, I must say my husband; he made no reply. I asked him how he came to do so; he said he had an expensive time coming on; he had been out of work some time, and he took it to carry him through his expences. Q. Did you go to the Bank afterwards - A. I did not; the prosecutor did. Q. Did the wife appear to be far advanced in her pregnancy - A. Very near her time. JOHN HALSE. I am a clerk in the Bank. Q. Did you change a twenty pound note with any person on the 23d of April - A. A person of the name of Thompson changed a twenty pound note. I cannot say whether it was a man or a woman. Q. What number was it - A. I have only the entries of the numbers which were given for the twenty pound note. When I changed it I entered the number of the notes for which it was paid. The party who changed that note had twenty single one-pound notes. I saw the twenty one-pound notes before the Lord Mayor, and they corresponded with the notes I gave for the twenty pound note; their numbers are, 57,758, 28th of September; 18th of February, 38,657; 3d of March, 7,079; there is two of that date; the other is 75,229: 29th of February, 33,150. COURT. Hand the notes to the Jury while you read the entries, for the Jury to see if they correspond - A. 29th of February again, 33,725; 29th again, 40,714; 7th of March, 44,740; 7th of March, 44,739; 9th of March, 37,794; 15th of February, 3,025; 5th of March, 20,368; 29th of February, 58,209; 3d of March, 47,906; 20th of January, 4,752; 18th of February, 3,887; 6th of February, 4,894; 4th of February, 33,993; 15th of February, 37,422; 24th of February, 40,001; making in the whole twenty one-pound notes. I only know the note by the name. The twenty pound note is in the custody of Mr. King. I neither knew the number or date of the twenty pound note. We have the name and residence of every note we change. I only know the twenty pound note by the name of Thompson; I have no doubt it is the identical note for which I gave the person them twenty one-pound notes. I only entered the name. We ask the name, and the name they give we enter in the book; there is no other entry of a twenty pound note with the name of Thompson upon it on that day. WILLIAM BLACKSTONE. I come from the banking-house of Messrs. Robarts and Curtis. THOMAS KING. I produce the twenty pound note from off the file at the Bank. Q. to Blackstone. Do you know whether that note ever went from your house to Mr. Barton - A. A twenty pound note of the same number went to Mr. Barton. Q. Then it must be the same note. There are never two notes of the same number and date - A. Not as far as I know. I paid the note, No. 6,244, on the 26th of March, to a check of Thomas Dobson 's, in part of payment. Mr. Knapp. I understand you, you paid that note in part of payment, to whom - A. That I cannot say. The check was drawn upon our house by Thomas Dobson . Q. to Mr. Barton. You said you had that note on the 26th of March, how did you receive the note - A. I received a twenty pound note, and a twenty-five pound note of this gentleman at Messrs. Robarts and Curtis's. I have received drafts there before drawn by Mr. Dobson. I did not receive any other on that day. Prosecutor. The steelyard-beam is mine, and the lancets and case are mine. The prisoner left his defence to his counsel; called five witnesses, who gave him a good character. GUILTY - DEATH , aged 27. [ The prisoner was recommended to mercy by the Jury on account of his former good character .] _____________________ Jospeh Metcalf was listed as 30 years old on arrival. Native Place: Cambridge. Occupation: House painter. Joseph was 5'8¼" tall, fair pale complexion, brown hair and eyes. 17/6/1829: Convict Death Register - Joseph Metcalf died, aged 48, at Parramatta.

341

Maureen Withey on 12th August 2020

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 12 August 2020), May 1812, trial of JOSEPH METCALFE (t18120513-36). JOSEPH METCALFE, Theft > theft from a specified place, 13th May 1812. 464. JOSEPH METCALFE was indicted for feloniously stealing, on the 23d of April , in the dwelling-house of William Barton, one shagreen case, value 2 s. four lancets, value 2 s. one steelyard-beam value 10 s. and a bank note, value 20 l. the property of William Barton . WILLIAM BARTON . I live at No. 14, Mark-lane, in the parish of Allhallows Staining . I am a surgeon . Q. When did this happen - A. On the 23d of April. Q. Are you the sole owner of the house - A. Yes. The prisoner was employed to paint the house . Q. In what part of the house was this case of instruments, and the twenty pound note - A. In the back parlour on the ground floor. Q. Was the bank note in a drawer - A. It was in a drawer in the desk; the desk was locked; I had seen the bank note between ten and eleven o'clock on the evening before; it was then safe. Q. On what time of the day on the 23d did you miss it - A. Between ten and eleven in the morning. The shagreen case was kept in the same desk, and the lancets in the case. The steelyard-beam was in the same room, in another drawer, locked. On missing these things I went to the Bank to stop payment of the note, immediately I missed it. Q. As this desk was locked had the lock been forced by violence, or was it picked - A. I do not know; it was not wrenched open by a crow. Q. Are you quite sure that you had locked the desk when you last saw the desk - A. Yes; I am quite sure I had locked it. Q. As you gave notice to the Bank to stop it, how long was it afterwards that you heard of it - A. It was stopped at the Bank the first day I missed it. I went to the Bank between eleven and twelve in the morning. Q. When did you see the note again - A. I do not recollect how soon afterwards. I had no particular mark of my own to know the note by. I had the bank note at Sir William Curtis 's bank; I think I received it on the 27th of March. The prisoner continued at the house at his work. I sent for a constable. The prisoner was searched; I believe they found nothing on him. I afterwards went with the constable to the prisoner's house; the prisoner went with us; the lancet-case, and the steelyard-beam we found at the prisoner's house. Q. Did the prisoner at all account for their being in his house - A. I think he said they belonged to some one else. The lancet-case he said belonged to some one else. I am sure the steelyard-beam and the lancet-case are my property. WILLIAM BRAND . I am one of the marshalmen. I was sent for to take charge of the prisoner at Mr. Barton's house; I found the prisoner at work there, painting. I told the prisoner that I had a very unpleasant circumstance to relate to him, that Mr. Barton was suspicious that he had taken a twenty pound note out of his desk. The prisoner said he knew nothing of it. I told him I must search him. I did search him, and found nothing upon him of consequence but a key; I asked him what key that was; he said, it was the key of the door; I told him I must search his apartment; I took him with me, and went to the room in Camomile Mews. I opened the door with that key. Q. Was any body there - A. No one. There was nobody in the room when we entered it; his wife was not at home. I then proceeded to search. The first thing I searched was a chest of drawers, or a bureau; the first thing I found, that Mr. Barton identified, was a case of instruments, which I produce; he claimed it, and he said it was in the desk where the money was. I then found a pocket-book in the same drawer, it contained ten one-pound bank notes. I enquired of the prisoner, before that time, if he had any money in the house; he said he had a little. Upon looking at them notes I found each note had a particular stamp at the back, as if they all came from one person. I said to Mr. Barton, I am satisfied that this is part of the property; he has changed the note. The prisoner said nothing. We then proceeded to search further, and in a deal box, not locked, lay the steelyard-beam; Mr. Barton identified it. I then asked the prisoner, whose box it was; he said it was either his brother-in-law's, or a relation's; I cannot say which, but I think, a brother-in-law's. I found nothing more until his wife came in, when we had nearly closed the search. I ceased from searching, and began to look at her; the prisoner was standing by; I asked her if she had got any money in the house; she said she did not know of any, except a trifle that she had in her pocket, a three-shilling piece, and a eighteen-penny piece, and a trifle of silver. I found by the receipts that they had paid away, from Saturday night before, several pounds. I asked her what money her husband brought her home on Saturday night; she said, a guinea and a half. This was the Thursday. I told her I found by the receipts I had in my hand that they had paid away more money than that; she said, that was accounted for by a pound note she had saved up previous; but that did not account for the whole of the money. I then asked her if she had not got some money in her pocket; she said no, only that trifle of silver. I told her to empty her pockets; she did, and pulled out this pocket-book, and in the pocketbook was ten one-pound notes, that makes twenty one-pound notes found in the house; they were all bank notes. Upon examining the notes, I found they answered with the description of the stamp that the others had; they were all stamped. I then asked her how she came by them; she said she had them from her mother, as she was with child, and an expensive time was coming on. I told her I was satisfied how she came by them, and asked her where she had changed the twenty pound note; she said, at the bank that morning. Q. Her husband heard all this, did he - A. Yes. I then asked her of whom she had the twenty pound note; she hesitated a moment, and said, I must say my husband; he made no reply. I asked him how he came to do so; he said he had an expensive time coming on; he had been out of work some time, and he took it to carry him through his expences. Q. Did you go to the Bank afterwards - A. I did not; the prosecutor did. Q. Did the wife appear to be far advanced in her pregnancy - A. Very near her time. JOHN HALSE . I am a clerk in the Bank. Q. Did you change a twenty pound note with any person on the 23d of April - A. A person of the name of Thompson changed a twenty pound note. I cannot say whether it was a man or a woman. Q. What number was it - A. I have only the entries of the numbers which were given for the twenty pound note. When I changed it I entered the number of the notes for which it was paid. The party who changed that note had twenty single one-pound notes. I saw the twenty one-pound notes before the Lord Mayor, and they corresponded with the notes I gave for the twenty pound note; their numbers are, 57,758, 28th of September; 18th of February, 38,657; 3d of March, 7,079; there is two of that date; the other is 75,229: 29th of February, 33,150. COURT. Hand the notes to the Jury while you read the entries, for the Jury to see if they correspond - A. 29th of February again, 33,725; 29th again, 40,714; 7th of March, 44,740; 7th of March, 44,739; 9th of March, 37,794; 15th of February, 3,025; 5th of March, 20,368; 29th of February, 58,209; 3d of March, 47,906; 20th of January, 4,752; 18th of February, 3,887; 6th of February, 4,894; 4th of February, 33,993; 15th of February, 37,422; 24th of February, 40,001; making in the whole twenty one-pound notes. I only know the note by the name. The twenty pound note is in the custody of Mr. King. I neither knew the number or date of the twenty pound note. We have the name and residence of every note we change. I only know the twenty pound note by the name of Thompson; I have no doubt it is the identical note for which I gave the person them twenty one-pound notes. I only entered the name. We ask the name, and the name they give we enter in the book; there is no other entry of a twenty pound note with the name of Thompson upon it on that day. WILLIAM BLACKSTONE . I come from the banking-house of Messrs. Robarts and Curtis. THOMAS KING . I produce the twenty pound note from off the file at the Bank. Q. to Blackstone. Do you know whether that note ever went from your house to Mr. Barton - A. A twenty pound note of the same number went to Mr. Barton. Q. Then it must be the same note. There are never two notes of the same number and date - A. Not as far as I know. I paid the note, No. 6,244, on the 26th of March, to a check of Thomas Dobson 's, in part of payment. Mr. Knapp. I understand you, you paid that note in part of payment, to whom - A. That I cannot say. The check was drawn upon our house by Thomas Dobson . Q. to Mr. Barton. You said you had that note on the 26th of March, how did you receive the note - A. I received a twenty pound note, and a twenty-five pound note of this gentleman at Messrs. Robarts and Curtis's. I have received drafts there before drawn by Mr. Dobson. I did not receive any other on that day. Prosecutor. The steelyard-beam is mine, and the lancets and case are mine. The prisoner left his defence to his counsel; called five witnesses, who gave him a good character. GUILTY - DEATH , aged 27. [ The prisoner was recommended to mercy by the Jury on account of his former good character .] London jury, before Mr. Common Serjeant. --------------------------------------------------- This entry in the Index to the NSW 1828 census may be Joseph Metcalf: J. Metcalf, Earl Spencer, at Hyde Park Barracks, Sydney. (No further details)

341

Maureen Withey on 12th August 2020

TICKETS OF LEAVE, CANCELLED. Earl Spencer — Joseph Metcalf, for cohabiting with another man's wife. The Australian Sydney) 26 July 1826.