James Sermon

110

Ron Garbutt on 20th March 2020

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 20 March 2020), February 1820, trial of SAMUEL ELLIOTT JAMES SERMON (t18200217-59). SAMUEL ELLIOTT, JAMES SERMON, Theft > burglary, 17th February 1820. 408. SAMUEL ELLIOTT and JAMES SERMON were indicted for burglariously breaking and entering the dwelling-house of William Brooks , about seven o'clock in the night of the 17th of January , at St. Leonard, Shoreditch, with intent to steal, and burglariously stealing therein, three watches, value 3 l.; nine silver spoons, value 1 l. 4 s.; eleven shirts, value 1 l.; two coats, value 1 l.; one counterpane, value 10 s.; two boxes, value 3 s.; three pair of breeches, value 3 s.; two pair of pantaloons, value 2 s.; eleven waistcoats, value 5 s.; fourteen handkerchiefs, value 4 s.; fifteen pair of stockings, value 7 s.; three pair of drawers, value 1 s.; one 50 l., and thirty-nine 1 l. Bank notes, his property . WILLIAM BROOKS . I am a porter , and live at No. 7, Wilmore-gardens, Kingsland-road, St. Leonard, Shoreditch , and occupy the house. On the 17th of January I went out early in the morning, and left my nephew and his wife in care of the house. I returned about a quarter past nine o'clock at night, found the lock of the door picked, and the neighbours in the house. On going up stairs, I found a deal box broken open, the lock of anotherpicked, and a tin cash box, which was in one of the deal boxes, broken open, and a 50 l. note, thirty-nine 1 l. notes, and a printed agreement were stolen out; the rest of the property was taken out and left on the floor. I have never recovered the notes. Attfield produced the agreement to me, and I knew it to be mine. JAMES HEDGES . I am a bricklayer, and live at No. 1, Wilmore-gardens. About half-past six o'clock, on the evening of the robbery, in consequence of an alarm given by Felstead, I went with him to Brooks's house - it was quite dark; the outer door was on the latch only. We entered the house, and saw two men standing at the foot of the stairs - one had a light in his hand; I immediately seized the poker, and they ran up stairs. I said they were going out at the window. I heard a noise at the window, and as I went out of the door Elliott came out of the window and fell on me - we both fell together; he got up and I followed; he tried to jump over the pales, but fell, and I fell on him. He said, "For God's sake don't take me." I secured him, and gave him to an officer. I do not know the other man - we were the first that entered the house, CHARLES FELSTEAD . I live in Harford-street, Shoreditch, and am a turner. I was passing Brooks's house between six and seven o'clock in the evening; Chowns said somebody was robbing the house. I went and called Hedges; we went to the house and found the door ajar. - I pushed it open, went in, and Hedges followed. As soon as I got in, two men came down stairs - one had a light in his hand; I said, "Here they are!" The prisoners immediately hurried up stairs; Hedges got the poker - the window was pushed up. He opened the door, went out, and I followed him; we pursued Elliott. and as I was following him Sermon turned back, and passed us - the place is no thoroughfare; he was running. I pursued him, crying Stop him! When he got to the top of the gardens, a man with a gun in his hand met him, and he fell down; he recovered himself, and made his way across Kingsland-road; I, with assistance, secured him there. I never lost sight of him after he ran by me; we took him into the King's Head, public-house - he said he had been rascally ill-used, and had lost a hat, and a silk handkerchief, and he would seek his recompence. I first saw him about twenty yards from the house. They ran down the gardens, which are no thoroughfare. Cross-examined by MR. ANDREWS. Q. Could you tell who the persons were in the house - A. No. Sermon was running the contrary way, and passed me. JAMES HEDGES re-examined. When I was pursuing Elliott there was a man before him, who jumped over the pales; I did not see a third person. I kept my eye on Elliott. WILLIAM CHOWNS . I live down Wilmore-gardens. About half-past six o'clock, or later, I saw four men standing by a gate at Mr. Brooks's house. I passed them twice, then went up to the King's Head, public-house, and they were gone - the prosecutor's door was open; I saw one man inside the door, and another going up stairs, which rose my suspicion - I informed Felstead. Hedges came up, went down to the house, and rushed in. I went further down the garden, returned, and saw a man push up the window and jump out - it was dark. Felstead secured one man. WILLIAM PRICE . I live in Nelson-street, Bethnal-green. On the 17th of January I was returning from shooting, with a gun in my hand, and as I passed the end of Wilmore-gardens I heard the cry of Stop him! and saw a man running up. I put myself in the middle of the street, with my gun extended - I thrust my gun against him, and he fell over it; I also fell - I heard something fall like a key; he got up, and got away. Felstead and others secured him immediately; I assisted in taking him to the King's Head, public-house - it was Sermon. I got a light, returned to the spot where he fell, in less than ten minutes, and found a printed agreement with Brooks's name to it; a boy picked it up in my presence - I saw it given to Attfield. I then went to Brooks's house, and found nobody there - the boxes were broken open, and the things thrown about. I left Mrs. Pilgrim in the house, and fetched Attfield. Cross-examined. Q. How far was Sermon from the house - A. About thirty yards. JAMES EDIS . I am Brooks's nephew. On the 17th of January I was left in care of the house; my wife went out about nine o'clock in the morning, and did not return. I went out to Lindsay's about half-past five - it was not quite dark then - I locked the door, and left the key at Pilgrim's. I returned about eight o'clock with my wife, found the house broken open, and robbed. The boxes were moved and broken open, and the things thrown about the floor. I had seen Elliott at Lindsay's on the Saturday night, but never saw him before. DEBORAH PILGRIM . I live at Wilmore's-gardens. Edis left the key with me about half-past five o'clock on the night of the robbery. I kept it until after I heard of the robbery, and then went to the house with Price, locked the door, and put the key into my pocket until Edis came home. I found the property scattered about, and the window open. I kept in sight of the house until the officer came. THOMAS EAGLES . I am a headborough. I went to the house with Haycock about seven o'clock, found the boxes broken open, and all the property scattered about, except the notes, which were gone; the cash box was broken open by some instrument, and laid on the bed. I found the prisoners at the public-house, and assisted in taking them to the watch-house. THOMAS HAYCOCK . I have heard the account given by Eagles; it is correct. WILLIAM ATTFIELD . I am an officer. I took the prisoners into custody; two hats were left behind - Sermon claimed one of them. Next day, at the office, a crow and a lanthorn were given to me. I produce an agreement, which Beasley picked up, and gave to me. I compared the marks on the box with the crow, and found it fitted them. JAMES SHARPE . I live next door to Brooks. On the night of the robbery, about half-past six o'clock in the evening, I picked up a hat, a night-cap, and a handkerchief opposite the house, and gave them to Attfield. About an hour after, my daughter gave me a piece of iron, which I also gave to him. JOHN BEASLEY . I am pot-boy at the King's Head, public-house. I went with a light with Price, and picked up the agreement, which I gave to Attfield. SUSAN SHARPE . I found the iron bar at the top of the gardens, by the Kingsland-road, and gave it to my father. (Property produced and sworn to.) The prisoners made no defence. ELLIOTT - GUILTY . - DEATH . Aged 23. SERMON - GUILTY . - DEATH . Aged 21. First Middlesex Jury, before Mr. Justice Richardson. https://www.oldbaileyonline.org/print.jsp?div=t18200217-59