Samuel Roberts

341

Maureen Withey on 9th October 2020

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 09 October 2020), October 1825, trial of JOHN LOWE SAMUEL ROBERTS (t18251027-136). JOHN LOWE, SAMUEL ROBERTS, Theft > housebreaking, 27th October 1825. Before Mr. Baron Garrow. 1742. JOHN LOWE and SAMUEL ROBERTS were indicted for feloniously breaking and entering the dwelling-house of our Lord the King, about one o'clock in the afternoon of the 23d of October , at Hampton , (John Young, and other persons, being therein) and stealing three shirts, value 7 s.; three neck-handkerchiefs, value 3 s., and three pair of stockings, value 2 s., the goods of the said John Young . SECOND COUNT. The same, only stating it to be the dwelling-house of the said John Young. MR. ANDREWS conducted the prosecution. JOHN YOUNG. I live in part of Hampton Court Palace . I have lived there thirty-one years; I live alone; my apartment is a detached building adjoining the Palace, in what is called Tennis-court-lane; it is within the walls of the Palace; I pay no rent for it; I hold it by permission of the Lord Chamberlain and the Office of Works - it has a separate entrance. On Sunday, the 23d of October, between twelve and one o'clock in the day, I was sitting by the fire reading, in what I call my sitting-room, on the first floor; the bell rang with a sharp pull; I got up out of my chair, went to the side-window, which looks into Tennis-court-lane. If I am at home on Sunday, I makeit a rule not to answer the people, unless I know the people who ring; I saw two men, and not knowing them, did not go to them; I waited at the window to see when they went away, to be certain they were persons I did not know; and while I was watching I looked out at the other window, which looks towards the Palace - they rang again in about five minutes, with a sharp pull; I did not answer it, and presently afterwards heard a noise below - I listened attentively, and thought it was like a person trying to open the door; I listened more attentively, and was convinced they were trying to open the outer door; I came away from the window; there is a door on the top of the landing-place - that door leads into a small passage, and in that passage are two doors - the key of the door was outside; I gently opened that door, took the key out, shut the door, slipped the private bolt under the lock, and sat down again for a short time. I heard them forcing the door on this landing-place of which I had bolted and brought the key in, and perceived that they were trying to come in, and I thought they would come into the room where I was. I got up out of my chair, went to my sitting-room door, waited there, and put my finger under the bolt of the lock, to keep it fast - there was no key to that lock, the bolt was the only security. After standing a little while with my finger under the bolt, I heard a crush of the outer door, on the landing, forced - it came open; I then heard a noise against my room door, and saw a little instrument, like a chisel, appear through the edge of the door, and saw part of a skeleton key in the key-hole; and as that would not open the lock, it was withdrawn, and that, or another, made its appearance in the lock, and was withdrawn - then a third made its appearance, and after that, this instrument was tried higher up the door - it did not succeed; I then saw another instrument put in, and the point of that made me know it was my own screw-driver, which I had seen last on the stone-landing, outside this door, which enters into the passage - that would not open the door, and the first instrument was withdrawn - the screw-driver remained in the door; they made another purchase, the screw-driver was withdrawn, and put in again edgeways; several forces were given against the door, and at last it was burst open; they were about five minutes in getting the door open; I caught hold of the nob of the lock, opened the door, and said, "What do you do here?" I saw Lowe standing upright - he put his hands up, gave a turn round, and Roberts came out of a little room on the landing, which I have not described yet, and, as Lowe turned round, Roberts passed him, and went down stairs; Lowe followed him, and I followed Lowe immediately; they went down Tennis-court-lane, towards the barracks, at a bit of a run; I followed them, and before I met any body, Lowe stopped doubled his fist at me, and said, "You shall not pass;" (Roberts was on before) I said I would; he said, "You shall not pass; I said, "I will," and did pass him, and after that Roberts turned round, doubled his fist at me, and said, "You shall not pass;" I said I would, and got before him. I was going to give the alarm to the soldiers. They did not offer any violence to me as I passed them. I met one Adams, and said, "Two thieves have been breaking into my house;" they were near enough to hear it. Adams said he would take them, but they turned back from him, and went by a mason's shop, got on some stones on the tiling, and over that is a garden; they returned from the top, and came back again; Adams had got up after them; I had by that time got to some soldiers, and said to them, "Here are two thieves, who have been robbing my house, here they are;" and when they came down from the tiling, they passed Adams and me, and came among the soldiers, but they would not lay hold of them; they walked on to get out of the Palace, and then got into the barrack-yard; I lost sight of them at Hampton Court Bridge; I had given an alarm all the way till I lost them. COURT. Q. From the first time your door was burst open, till you finally lost sight of them, how long were they in view? A. I suppose above a quarter of an hour - I am quite sure the two prisoners are the men - I never lost sight of them for three hundred and thirty yards, and saw them in custody in about three quarters of an hour - I had seen Green before I lost sight of them - I knew them again when they were taken. On returning to my house I found two drawers had been pulled half-way out - I kept keys, and old springs, and smiths' tools in those drawers - a little box stood on the ground, with a key in it - three shirts, three neck handkerchiefs, and two pairs of stockings, which had been in that box, were pulled out, and laid on the ground by the side of the box - it was dirty linen - I had put some of it into the box that morning. Cross-examined by MR. BRODRICK. Q. I think you say your's is a detached house, but attached to the Palace? A. I mean to say it is attached to the Palace wall - it is a house by itself - there was nobody in it but me - it is a rule with me not to answer the bell on Sunday - I do not answer people out of the window, except I know them - I did not know whether, if I gave an alarm, they might not break in and do me a mischief - I could see nobody to give an alarm to - there are no sentinels about, except in the evening - I was a good deal alarmed and agitated - I was absent from the house about half an hour - I left all the doors open, but I got Adams to look after the house - I had not got out of the house many minutes before I saw him - he did not join in the pursuit, but went to look after my house - I found every thing right, but the dirty linen was moved - it was laid loosely down by the side of the box - there was not time to pack it up - it was a small box, about fourteen inches by twelve - I am a working smith - it was dirty linen, and old - it was as dirty as linen generally is - I intended to use it again when washed, but it was not my best. Cross-examined by MR. LAW. Q. Were you not reported to have a good deal of money in your house? A. It was understood so. COURT. Q. Does nobody live in the house with you? A. No; a woman comes twice a week to clean the apartments - there is nobody in the house but myself on Sundays at all. JOHN ADAMS . I am a labourer, and live at Hampton. On Sunday, the 23d of October, I was in the Palace, about half-past twelve o'clock, and saw Young at a small distance from his house, and the two prisoners - Lowe was in the act of fencing with him - Roberts was at a short distance - Young got by them, met me, and said, "Stop them! stop them! they are two robbers; they have broken into my house" - I immediately made my way towards them - they got on some stories on a roof, which leads to the melon ground - I followed them a short distance, and then went back to take care of Young's house - he was then following them up the parade, where the soldiers were - I remained at the house till he returned - nobody had entered it - I am certain they are the men - I did not see them again till next day, before the Justice, and knew them. THOMAS GREEN . I am a gardener, and live at Hampton. I met Young in the barrack yard, following the two prisoners, who were going towards the bridge at a jog trot; Young said they had broken into his house; I told the soldiers to stop them - they said they had nothing to do with it; Young and I followed them to Hampton-court-bridge - I followed them over the bridge - they began to run and kept on together; I never lost sight of them till I saw them both taken; Lowe was taken first and Roberts three hundred yards further on; I saw a jemmy (a small crow-bar) found in Roberts' breeches' pocket, a sulphur-box, two or three keys, and a bag, were also found on him. JOHN REDRIDGE . I am a labourer, and live at Moulsey. I saw the prisoners coming from the Palace yard - I followed them over the bridge, and saw Lowe throw something out of his side pocket into the water - I took him, and gave him to the constable - Roberts was taken in about five minutes - I saw the things taken from him. THOMAS PHILLIPS . I am an officer. I have the jemmy and phosphorus-box found on Roberts, and some pick-lock keys, which were found in the river; I tried the jemmy to the door of Young's room - it matched in three places. WILLIAM FAULKENER. I found these keys in the river. JOHN YOUNG re-examined. There were three shirts in the box; I had worn them in that week - also two pairs of stockings, and three handkerchiefs - they are worth about 12 s., for they are almost worn out; nothing else was taken from the box. LOWE - GUILTY . Aged 36. ROBERTS - GUILTY. Aged 28. The Jury being of opinion that the prosecutor only was in the dwelling-house. - This case is reserved for the decision of the Twelve Judges, whether the capital part of the indictment is proved? -------------------------------------------------- Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 09 October 2020), December 1825 (o18251208-1). Old Bailey Proceedings supplementary material, John Lowe, Samuel Roberts, 8th December 1825. On the Second Day of the Sessions, Mr. Justice Bayley delivered the opinion of the Twelve Judges, upon the following cases, reserved for their Lordships' consideration. John Lowe and Samuel Roberts, (vide Eighth Sessions, 1825, page 662). The prisoners were charged with breaking and entering the dwelling-house of John Young , in the day time, (the said John Young, and others being therein), and stealing goods, value 12s. - it was proved in evidence, that John Young was in the dwelling-house, but no other person, their Lordships' were of opinion, that Young being in the dwelling-house, was sufficient to constitute the offence, it being only required by the statute that a person be therein, and as such the prisoners were rightly convicted. Lowe and Roberts have accordingly received sentence of death. ---------------------------------------------------- FRIDAY, MARCH 16, 1827. FACTS.—SAMUEL ROBERTS, a prisoner for life, arrived in the colony in October last, per Marquis of Huntly, and was assigned to Mr. M'Intyre, of Hunter's River. By The Hope, his wife also arrived, not merely free, but at her own expense, having followed her husband by the earliest conveyance. On arrival, she memorialized the Government, putting forth the facts of her having paid her passage, and followed her husband to a country where she was without a protector, and without means of support; and praying that her husband might be assigned to her. On Tuesday se'nnight she received the following answer: COLONIAL SECRETARY'S OFFICE, MARCH 5, 1827. YOUR petition, dated the 27th ult. praying that your Samuel Roberts, Husband, named in the margin, may be per Marquis of removed from his present employ, and be assigned to you, having been laid before the Governor, I am directed by His Excellency to inform you, that your request cannot be complied with. By His Excellency's Command. ALEXANDER McLEAY Sarah Roberts, Pitt Street. (a true copy) THE woman consequently remains in, Sydney, exhausting the means she is possessed of, without a protector, and her husband is retained at Hunter's River. We will not - we dare not trust ourselves to make any remarks on the conduct of Government in such affairs as these, since General Darling arrived in the colony. We shall leave our readers to be the prey of those silent, smothered feelings, which we experience ourselves, and which we hope will not consume us under their suppression. The Monitor, 16 Mar 1827.