Robert Payne

135

C H on 2nd March 2024

Old Bailey Online ROBERT PAYNE. Theft; pocketpicking. 18th September 1837. Text type Trial account Defendants ROBERT PAYNE Offences Theft > Pocketpicking Session Date 18th September 1837 Reference Number t18370918-2083 Verdicts Guilty Punishments Transportation 2083. ROBERT PAYNE was indicted for stealing, on the 18th of August, 17lbs. of silk, value 34l.; 860 wooden bobbins, value 1l.; 1 bag, value 6d.; and 1 basket, value 6d.; the goods of Robert Graham and another, from the person of Edward Hayward. MR. BODKIN conducted the Prosecution. SAMUEL LONG . I am foreman to Messrs. Robert Graham and Son, of Spital square—they are silk manufacturers. There was a person in their employ of the name of Hayward, as porter—on Friday morning, the 18th of August, I gave him 740 bobbins, with silk on them, and 120 empty ones, to take to Wilks-street, Spitalfields, where our factory is—the value of the whole was 35l.—he returned in about ten minutes or a quarter of an hour, without the silk, and stated something to me. Cross-examined by MR. PHILLIPS. Q. Had you Hayward taken up? A. I had not—I believe Mr. Graham had—I saw him at Worship-street in custody, under a charge of stealing this property—I only know of one partner—Mr. Graham has been here the greater part of the day—I think Hayward was in custody for about a week. EDWARD HAYWARD . I live at No. 18, Wilks-street, Spitalfields—I have lived there about ten months. On the 18th of August I was porter to Messrs. Graham—I received the silk, to take to the factory in Wilks-street—as I was going along I met the prisoner—I never saw him before—he said, "You must go back and tell Mr. Graham that Mr. Harris has got a girl down in the kitchen that has got some silk about her, and you must give me the parcel; I am to take it to the factory"—Mr. Harris lives at the factory in Wilks-street—I had gone to Brown's-lane, which is about five minutes' walk from Wilks-street—hetook the parcel off my back—I went back, believing what he said, and saw Mr. Long and Mr. Graham, and told them—when I went back to the factory I found this was not true—my master let me go to the factory, and when I got there he came with a policeman, and took me—I was in custody about an hour and a quarter—I was taken to the Magistrate the same day—I was remanded, and came up again on the Monday—I was remanded a second time from the Monday till the next Monday, and then discharged—this man was a stranger to me—I never saw him till he came up. Cross-examined. Q. You had no knowledge of the man meeting you? A. No—I never saw him before—I took particular notice of him—I believed him then—hehad a black coat and black trowsers, and a kind of black and speckled handkerchief—this was at half-past nine o'clock in the morning—I could not see any body passing—I went to the warehouse—there was one woman passing by—I did not know her—I have been in London ten months—I do not know any thing about Griffith—this man was not talking to me many minutes—am twenty-six years old—he took the pack off my back—I did not help him—he took it off against my will—he said I must go back to the warehouse and tell Mr. Graham he was wanted directly—I came from Sudbury—I was a weaver of silk there—I worked for Mr. Peacock, foreman to Mr. Duff, a silk weaver—I quitted because I had not got work—I had been three years with them—they did not discharge me—they said they had not got any work, and so they were forced to send me away—I was not turned away for any fault—I had no charge made against me—when I came to London I worked where I live now, and then got into Messrs. Grahams' employment—I brought a character with me to Graham's, not a written character—I was a week altogether in gaol—it was half-past nine o'clock in the morning that the silk was taken from me in Brown's-lane—the prisoner had a hat or cap on—I did not ask him his name, or who he was. MR. BODKIN. Q. How long were you in the service of the firm you mentioned? A. Three years, and eight years altogether in the silk trade—I came to London ten months ago and worked for Mr. Cesar, on the other side of the way to Messrs. Graham—I live in the same place now—Mr. Shelling, who knew me in the country, got me work—I know nobody of the name of Griffiths. WILLIAM NOON . I am in the employ of Mr. Horgood, a pawnbroker, in Brown's-lane. On Friday morning, the 18th, I was standing at my master's door between eight and nine o'clock, and saw the prisoner at the bar at the comer of a court called Corbet's-court—he stood there some time—I saw Hayward come up, and saw the prisoner go up to him—I noticed that they were conversing—I saw the prisoner take the bag off Hayward's shoulder and march off with it. Cross-examined. Q. I suppose you mean he ran? A. He could not, he walked as fast as he could—I never saw him before—I was before the Magistrate and was examined—the prisoner was dressed in a black coat and trowsers—I did not notice his waistcoat—he had a silk hat on, I believe, and shoes laced up in front—I did not notice his cravat—I was about ten yards off—they were not more than a second together—he went off immediately with the silk—it might be two seconds—I was in my master's shop and saw him there, and went out and watched him—I saw a man come up to him—I thought he looked like a sheriff's officer—it was between eight and nine o'clock—the prisoner had been standing there about half an hour—the other man came up just after nine o'clock and ex changed a word or two—I did not notice any one near them. ANN JOHNSON . I am married, and live at No. 16, Church-row; my husband is a weaver. On the 18th of August I was going down Brown's lane, about half-past nine o'clock—I did not see the prisoner's face—I saw a man with a black coat and trowsers—he had rather a catch in his walk, as he had the bag on his back—I did not see him walk before he had the bag—I saw him talking to the man that he took the work from—he said, "You must deliver me this parcel"—he said, "Mr. Harris says you must deliver me this parcel, and go back to the warehouse and tell Mr. Graham that Mr. Harris has got a girl in custody for stealing silk"—he looked at him and put the parcel off his shoulder, and put it round in front of him—the man took it and went down Corbet's-court. Cross-examined. Q. And the man that had the parcel took it off his back and gave it to him? A. He took it off his back, and before it reached the ground the man took it—I am sure Hayward took it off his own back—I was the first person that went to the watchhouse—I was at the office— I was sworn and examined, and spoke the truth—I gave an account of it, and it was taken down and read over to me—I was about three yards from the persons when they were talking, with my back towards them, so that I was not looking at them, and I heard him say, "You must deliver me this parcel"—I am sure of that—he carried away the bag on his back—he held the mouth of it with his two hands. JOHN HARRIS . I am in the employ of Mr. Graham, at the factory in Wilks-street, Spitalfields. I do not know the prisoner—I never authorised the prisoner to go and meet their porter and obtain from him a parcel, with a message that he was to go back, and that I had a girl in charge for stealing silk. MR. PHILLIPS to ANN JOHNSON. Q. Upon your oath, was it not Hay ward that put the bag on the prisoner's back? A. No, it was not—I never said so to any body. HENRY COTTON (police-constable H 60.) I took the prisoner into custody in High-street, Shadwell—I noticed, as I had hold of his right hand with my left hand, that he had a particular limp in his walk—I asked him if he was lame—he made no answer. Cross-examined. Q. How had you hold of him? A. I had his right hand with my left—I felt him rock against me—I followed him about two hundred yards—I was running—I did not notice how he went. GEORGE TEAKLE (police-sergeant H 8.) From information I received, I went with Mr. Graham to No. 51, Nelson-street, Bethnal-green, and found 706 bobbins full of silk—I produce a sample of them—the bulk of them I delivered to Mr. Graham. Cross-examined. Q. What house is this? A. A house let out in lodgings, I believe—I found it in the back room first floor—I made enquiries before I went there—the prisoner was not in custody then, I believe—I know a man of the name of Griffiths—he is not in custody—I have known him nine or ten months—he is not here. COURT. Q. Are you looking after him now? A. Yes, we are. Mr. BODKIN. Q. Is he different to the prisoner? A. Yes, shorter, and much darker. SAMUEL LONG re-examined. This is the same as I saw at the police office. I am positive this is part of what I delivered to the porter—I can swear to it by another part of the silk that I have in my pocket. MR. PHILLIPS. Q. There is plenty more of the same dye in London? A. No, not if I were to try for it, as I have done hundreds of times, I could not get It—though you intend to dye silk of the same colour, yet still an experienced eye can detect it—I believe this to be the same silk. (Thomas White, a broker, of No. 58, High-street, Kingsland-road, gave the prisoner a good character.) GUILTY . Aged 22.— Transported for Seven Years.