William Prendergast

221

D Wong on 4th February 2021

William Prendergast was listed as 40 years old on arrival. Native Place: London. Occupation: Stationer and bookbinder. William was literate, Protestant, single, 5'5" tall, ruddy complexion, sandy hair, bright chestnut eyes, scar centre of forehead, two on bridge of nose, another on left cheek bone, sandy whiskers, scar back of right hand. 8/8/1844: TOL Sydney - In lieu of TOL dated 6/4/1842 10/1/1845: TOL Passport - Allowed to travel between Sydney Liverpool Windsor and Penrith for 12 months. 1846: Recommended for a CP 11/1/1847: TOL Passport - On the application of W Prendergast. 30/7/1847: CP

116

Tony Beale on 28th January 2021

Old Bailey Online 2099. WILLIAM PRENDERGAST, GEORGE DRAKER, JANE WATSON , and ELIZABETH EMERY , were indicted for stealing, on the 25th of August 1 purse, value 1s.; 3 sovereigns, 15 shillings, and 4 sixpences, the goods and monies of Marshall Spink, from the person of Mary Spink. MR. PAYNE conducted the Prosecution. Mrs. MARY SPINK . I am the wife of Marshall Spink, and live in Grace-church-street. One day last week I was going to Leadenhall-street—I do not recollect what day of the week it was—I had received three sovereigns, and 17s., in silver before I left home—when I had got to Aldgate, a person came and told me my purse had been stolen—I put my hand into my pocket, and it was gone and my money also. Cross-examined by MR. BODKIN. Q. what time in the morning did you leave home? A. About ten o'clock I suppose and I received the information at twelve o'clock—it was not so late as two o'clock—I do not think I had been out so much as three or four hours before the person spoke to me—I had called at one or two places—the streets were not very crowded—I had not the least apprehension of my pocket being picked—I had accidentally left my umbrella behind me at a place where I had called—I did not say I had lost three sovereigns and two or three shillings—I always said I lost 3l. 17s. MR. PAYNE Q. Had you a maid-servant with you? A. Yes; but she had gone a little distance for the umbrella. JAMES CUTHBERT . I am a carman, and drive for my brother occasionally, and am watch-inspector of the ward of Bread-street on the 25th of August I was in a cart in Aldgate, land saw the prosecutrix—I was coming down Aldgate, turning out of the Minories—Mrs. Spink was going towards Whitechapel—I saw the prisoners all surround her at the corner of Jewry-street, Aldgate—all four of them, and another one who is no in custody—I observed the two women and Draker, and Prendergast got before, and prevented Mrs. Spink from going on, in fact obstructed the way altogether, so that she could not get on at all—I watched the women for some time, and saw their hands drop from Mrs. Spink's dress—I saw her dress fall when they took their hands away—it shewed her white petticoat when her dress was up—she had on a black silk gown—it was as if the hand had been introduced under the black dress, as if the dress had been lifted up—I saw the white, and the black drop over it—I got down out of the cart, went to Mrs. Spink, and asked if she had lost anything—on searching her pocket, she said, her purse, containing three sovereigns and some silver—I asked her to stock till I returned—I went to the corner of Houndsditch, and saw Patrick, a policeman, and beckoned to him—I ran, and he followed me down Mitre-street—I had quite lost sight of the prisoners—I turned into Leadenhall-street, and ran pretty fast—I turned down St. Mary-axe, and saw them all five turn out of the court leading out of Burry-street, (I think,) which leads into St. Mary-axe—that was about a quarter of a mile from where I saw them surround the prosecutrix—this was just before two o'clock—I am sure they were the same persons as I had seen before—I had sat in the car tand observed them some time—I knew them all five, by sight, previous to the transaction—I laid hold of Prendergast, and Patrick took the two women—Draker and the other one turned through the court, and got away—I afterwards saw Darker in custody and identified him. Cross-examined by MR. PHILLIPS Q. Did tell the Magistrate that you had seen either of them before? A. I do not believe I told the Magistrate that I saw their hands up the prosecutrix's clothes—I saw their hands come from her clothes—I did not see their hands up her clothes and never said I did—I do not believe I used that expression before the Magistrate—if I did, it was a mistake—what I said was taken down in writing and I signed it—it was read over to me, and I was asked whether it was correct. Q. Did you say before the Magistrate "I observed the hands of the two women up Mrs. Spink's clothes?" A. I might have said such a thing—they were up her clothes for the gown was above the petticoat—the Magistrate asked me if I knew the prisoners before, and I said, I recollect I knew them all perfectly well, and had seen them repeatedly before—I misunderstood your question before—I thought you said had I ever seen the prosecutrix before—I had seen them before at different parts of the City—I have met Prendergast—I have never met the women not separate, not without the whole five being together—I should think I have seen the women for nine or ten months before—I did not know their names—I do not know that I ever spoke to them. Cross-examined by MR. BODKIN. Q. What are you by trade? A. I am no trade I am inspector of the watch, and act of my brother who is a carman—I was driving a close bodied cart, at least it was not a town-cart—nobody was in it with me—I was sitting in the cart, with thirty cwt. of goods—I was going gently—there were no carriages before me—there were a great many people about, and on horseback, and in carts, as usual—there were persons on the pavement, near the corner of Jewry-street—I should think these person stopped at the corner two minutes—that was all the time I had to observe them—I saw them before they surrounded Mrs. Spink—I stopped when I first saw them surround her—not before—the cart was going at about two miles an hour—I stopped coming along the pavement, a very short distance off, two or three down off—they were coming towards me—they had passed my cart before they got up to Mrs. Spink—I do not know that they knew me—I do not know that they have any reason to know me—they might know me—I knew them very well—it was two or three minutes from the time I first saw them till I got out of the cart—I had no watch in my hand—I looked after them before I spoke to Mrs. Spink to see which was they went—part of them walked and the other part ran—I did not see them lift her clothes up—I saw them surround her at the corner house of the street—she told me there had been no crowd about her—she told me she had observed three women but no men round her—the way I went after them was father than the direct road—they were as near together as they could be when I saw them come out of the court. SAMUEL PATRICK I am policeman. On the 25th of August, between one and two o'clock Cuthbert pointed out these persons—I recognise three out of the four—I do not recognise Draker—I first saw them in St. Mary-axe they seemed to be stationary—I was at the corner of Houndsditch—Cuthbert beckoned to me, and said he wanted me—I followed him down Mitre-street and Leadenhall-street, into St. Mary-axe, and there saw the prisoners—he went into the middle of the road, and said to me, "That is the party, "pointing to the two females and Prendergast—he went up and laid hold of the man, and said, "You secure the women"—I said, "What for?"—he said "Never mind, I will tell you by and by "—that was in their presence—I secured them, and said, You had better step to the station house, in Gracechurch-street, which we did, and there I said, Now tell me what about have taken them for"—he said, "No, I leave them in your charge, while I go for the old lady"—I asked him what old lady it was—he said "You take care of them till I come back "—and in half an hour he brought the old lady, and asked her what she had lost—she said she had lost her purse—I said "What was in it?"—she said, three sovereigns, and a shilling or two—I then said, "Now I shall search this man"—he said, "Oh I do not accuse the man with robbing her, I do the women"—I searched Prendergast, and found on him three sovereigns, twenty-six shillings, and a fourpenny-piece—I also searched the women's pockets, and sent for a female to search them more particularly but no money was found on them. Cross-examined by MR. PHILLIPS. Q. You are sure it was after he got to the station-house, at the interval of half an hour, that he asked the lady what she had lost? A. Yes., I was rather more than half an hour there before he returned—I am sure he asked her there what she had lost, as if he did not know what she had lost—he had told me before that that he did not know the particulars—the women came very quietly with me—I did not see any attempt to make away with anything—the woman is not here who examined them. Cross-examined by MR. BODKIN. Q. Was it before or after Cuthbert said he did not charge Prendergast with robbing the woman, or having any thing to do with it that searched him? A. He never said that he charged Prendergast with it—he said he did not accuse the man of the robbery—he used that expression—it was after that I searched him—he did not resist being searched—he said I should find the three sovereigns, twenty-six shillings and fourpenny-piece—I am not quite certain that he said the amount of silver—I did not hear the prosecutrix give a different account of the money she had lost at any time—I found a paper on Prendergast with "Mr. Dyer Geo. 4th New-street, Cloth-fair," on it. MR. PAYNE Q. Where was it that Cuthbert said he did not accuse the man of robbing her? A. In the station-house in Bishopsgate-street—I have no particular knowledge of Prendergast—I have seen him passing in the street—I do not know his connexions at all—Cuthbert said he did not accuse him of the robbery, but he thought he was a party—he said he saw him there at that time—he was standing still it in St. Mary-axe—I cannot say which and he was going—he said he was there looking after this public house, and I was desired by the Magistrate to know whether that was the fact. PHILLIP PARISH (police constable 45.) I apprehended Draker, from the description given at the Mansion-house, at this lodging in Britannia-street, City-road, about nine o'clock in the morning—I told him I had came to apprehend him on a charge of felony, and asked him where his old woman was—the woman who lived with him as his wife—he said she was gone into the country about a week, on account of her sister dying child-bed, and she was gone to take care of the house—I told him I thought she was in Newgate—he said, "No I think not; and I did not put any more questions to him—I did not know that they lived together as man and wife myself—I took him into custody and told him if he would step to the Mansion-house, I would get the person to see if he could identify him—it was from Cuthbert's description that I took him, and when Cuthbert saw him, he said he was the person. Cross-examined by MR. BODKIN. Q. When did you take him? A. On the Sunday three days after it happened—I knew his lodging before—I should think he would know the other prisoner were in custody—I had seen him come out of his lodging a few days before by which I knew where he lived. Prendergast's Defence. I believe my witnesses can prove the three sovereigns to be my property. Drakes's Defence I know nothing about it, and had nothing about me. JOHN BRANT . I am tailor, and live in Baldwin-street, City-road. About the 25th of August, Prendergast bought three yards of cloth of me—I paid him three sovereigns that day, but no silver—I have known him between three and four years—I always heard the highest character of him—it was between nine and twelve o'clock in the day. MR. PAYNE. Q. Had he ever sold you cloth before? A. He has sold me a trifling length—he is not a dealer in cloth—I do not know what he is—he appears to me to live on his means—he brought the cloth to be made up for a suit of clothes, but it was not enough, and he asked me whether I would take it off his hands at 16s. a yard—I paid him three sovereigns, and in return he gave me 12s—I did not make any minute of the transaction—I know the date, it being the day before my girl's birth-day—he might have paid 17s. a yard for the cloth—it would take two yards to make him a coat. JURY Q. What time on the 25th was it? A. In the morning I should think about ten o'clock or half past—I have been in court and heard the evidence. COURT Q. Have you had other dealings with him? A. I bought a pair of trowsers of him which he did not like, that is all—I worked for him three or four years—he lives in Westmoreland-street City-road—I do not know bow he gets his living—I never heard of his being imprisoned on a charge of felony. JOSEPH JAY . I am a turner and live at No.24, Red lion-street, Kingsland-road. I have been acquainted with Prendergast between two and three years—I considered he was living on his means—he had asked me if I knew of any public-house to suit him—he always bore a very respectable character to my knowledge—it considered so. MR. PAYNE Q. Where did he live? A. In Westmoreland-street—I cannot say whether he kept the house or lodged there—I was never there—I have been informed he had four, five or six hundred pounds left him by a relation who died, and believe there has been more than that—I do not know who told me so—things of that sort pass—he told me so himself, between two and three months ago, in the street, not far from where I live—he has been to my house eight or nine times since I have known him—I never knew him to have been convicted of felony and imprisoned—I never heard it. MR. BODKINS. Q. He was taking to you about taking a public-house! A. Yes; and I went to look for a house for him—it was on that occasion he told me he had been left money—that is within two months ago—he always appeared respectable like a gentleman—I always considered he had money. JOHN RIGBY . I am a silk-velvet weaver and manufacturer, and live at No.4, Nichol-street, Church-street, Shoreditch. I have known Prendergast not more than two years—he always appeared to me independent—he was an upright, honest man—that is what I have heard of him. MR. PANYE Q. Do you know whether he has got a wife? A. Not that I know of—I never visited him—he was merely an acquaintance—I have frequently met him in the street—I first go to acquainted with him in the parlour of a public-house—I never was at his house or he at mine—I have seen him thirty-eight or forty times—I live three quarters or a mile from him—I never heard he had been convicted of felony, and imprisoned for three months—I will swear I never missed him for three months since I have known him, which is a year and half, or two years. THOMAS NICHOLLS . I am a silversmith, and live at No. 14, Elder-street. I have known Prendergast about two years, I always considered him an honest man—I know several people who are acquainted with him, and they always spoke well of him, as an honest character. MR. PAYNE Q. Who has spoken well of him? A. Various people—he was always considered upright and honest—I have heard so at public places of amusement—I have met him at the Ivy House, at Hoxton—I have no other than a public-house acquaintance with him—it continued down to the present time—I never knew him in business—he lived in Westmoreland-street, City-road—I never went to see him—he has been living on his property since I have known him—I never knew of his being convicted—I have to missed him for three months—I have no particularly noticed that. FRANCIS FAGAN . I was an inspector of police. I know Prendergast, he is not a man of good character—I gave evidence where he was summarily convicted before the Magistrate, and he appealed against the conviction, which was confirmed—I have known him several times in custody on suspicion of felony—I have known him nearly twenty years—I recollect George Alderson having him in custody one, and his being in the custody of Clements and had two months. MR. BODKIN. Q. How long is it since you were discharged from the police? A. I was never discharged, I may have been suspended once or twice—I am not in the police now, I left it about three months ago—I now follow my business of a mason—I came her to night for my own amusement—I live at No.27, Wellington-street, Newington-cause-way—I have lived there nearly three years, and keep the house—I work for masters—I left the police because I felt myself not so well treated—there was a dispute between the superintendent and me, and I resigned—I have been seventeen years an officer. JURY. Q. Did you ever know Prendergast in business? A. Never—I always considered he belonged to the swell-mob—I should not have known him but in my capacity as an officer. JOSEPH SHACKEL . I am an officer of Bow-street. Prendergast was in custody at Bow-street, under my charge, when I was gaoler there, for picking pockets—it is eighteen months or two years ago. Prendergast. It is three years ago. JURY to CUTHBURT. Q. Did you see Draker in company with the other prisoners, when the lady was robbed? A. Yes, and I have frequently seen them together before this—I have not the least doubt I shall be able to bring the fifth man to justice. PRENDERGAST— GUILTY † Aged 48. DRAKER— GUILTY † Aged 72. WATSON— GUILTY † Aged 59. EMERY— GUILTY † Aged 56. Transported for Life.