James Simons

75

iain Frazier on 28th December 2024

Family connections for James (Simons) are: SIMONS Nathan (Simons) married Sarah (???). He was tried with his wife & possibly her brother for receiving property of Mary Baroness of Sandys from his son at Old Bailey, sentenced to 14 years, held probably at London or Middlesex Gaol Delivery & on hulk (possibly RETRIBUTION at Woolwich on the Thames where a note indicates he was Pardoned on 24 7 182x's). Nathan (Simons) does not have an entry on this Website; noted a Jonathan (Simmonds) is recorded as held at London Gaol Delivery & arrived in NSW in 1819 on BARING. Sarah (???/Simons) was tried with her husband & possibly her brother for receiving property of Mary Baroness of Sandys from her son at Old Bailey, held probably at London or Middlesex Gaol Delivery & found not guilty. [James (Frankil) uncle of James (Simons) was also tried for receiving property of Mary Baroness of Sandys from James (Simons), held probably at London or Middlesex Gaol Delivery & found not guilty.] .. Nathan (Simons) & Sarah (???) produced perhaps 1child: 1.James (Simons) was born about 1797. He was tried w/1other for stealing property worth thousands of pounds of Mary Baroness of Sandys at Old Bailey, sentenced to death commuted to Life, held probably at London or Middlesex Gaol Delivery & arrived in NSW as a convict on 27 1 1815 after a voyage of 6months on MARQUIS OF WELLINGTON. He married Agnes (Thorley) on 4/14 11 1821 at St Peters CofE Richmond. He was issued his Conditional Pardon on 17 8 1825 & Absolute Pardon on 15 3 1833. He became publican auctioneer & owned a large store in Hunter St Sydney, requiring frequent business trips to England with his family. He was elected as the first Jewish alderman of Sydney in 1848. He helped found the Jewish Great Synagogue in Sydney. He died on 2 5 1849 age52 at home O'Connell St Sydney. ..[Some details taken from this Website] ..Agnes (Thorley) was born on 10 9 1801 & baptised on 8 7 1804 age2 at St Phillips CofE Sydney. She remained Anglican. She died on 26 6 1890 age88. ..Details of Agnes (Thorley)s family are given in entry for Samuel (Thorley ACTIVE 1791) on this Website. ..James (Simmons) & Agnes (Thorley) produced 8children: ..1.Joseph (Simmons) ..2.Sarah (Simmons) was born in 1822. She died on 3 2 1890 age about67. ..3.Frances (Simmons) was born in 1830. She died on 17 8 1910 age about80. ..4-8.??? (Sim/mons) Extant children would have undertook frequent trips to England with their parents. REFERENCE: Craig James Smee 'Births and Baptisms Marriages and Defacto Relationships Deaths and Burials New South Wales 1788-1830' ..a complete listing from church & other records in the early colony.

54

Phil Hands on 12th August 2017

transcription continued Q. Do you recollect at any time Dinah giving you a parcel containing a ring - A. She gave me a paper containing something; I did not look to see what it was. She desired me to take it home, and take care of it; it was something that had been given her; her husband was angry at her having received it. I put the parcel into an old glove, and put it in the cupboard between the wall and a cross-bar of wood in a corner. Q. You were afterwards taken in custody - A. Yes. Q. While you were in custody did you give your husband any information where to find it - A. My son-in-law came up in the morning, and Mr. Adkins. I was apprehended on the Monday. On the next day my son-in-law told me I had two rings. My husband called; I told him to go home and fetch it, and told him where it was I had put it. LEVY HART . I am the husband of the last witness. Q. Did you go to her while she was in the house of Correction - A. I did. She directed me where to find a parcel in a glove; I went to the place she described; in that place I found an old glove behind the bar. Beckitt saw me find it. I delivered it to him. Beckitt. The parcel was delivered into my hand; it has been in my custody ever since. I only delivered it to the Marchioness, and then it was delivered back to me. Levy Hart took it from behind a beam as Mrs. Hart described. Q. to William Adkins . Look at these things, and tell me whether they are the things which Levy sent to you - A. These things came from Levy; they are all the things I had, except some glass I left at Lady Downshire's; I was afraid of breaking them. HENRY COHEN . I am a slop-seller. I live in Rosemary-lane; Mrs. Simons is my mother-in-law. Q. Do you remember your mother coming to your house on Wednesday, the 31st of March last - A Yes, about two o'clock. Q. Was Levi there - A. Yes, when I got in we went up stairs together. I went into the front room. Q. Do you remember your mother-in-law shewing you anything there - A. Yes, she shewed me some diamonds. Q. Was James Simons there - A. No; she shewed me the top of a round-snuff, it was lined with gold, the outside was ivory, the frame of the picture; she shewed me a pair of diamond ear-rings, with a large diamond in the centre, there were some drop but they did not hang to them at that time. Q. Did she shew you any diamonds like tops of pins, in gold - A. Yes, and a large cross set about in pearls, and a diamond; the pearls were large; that was all that she shewed me that time; she wished to know the value of them; I and Levi went to Benjamin to get them valued; I shewed him the diamonds; Benjamin said, they were worth two hundred pounds. I went back and saw Mrs. Simons; upon my return, Levi asked her what she asked for them; she said there are more at home, and she would sell them together. Mrs. Simons went home then, and left the diamonds with my wife, who is her daughter. About seven o'clock Mrs. Simons came with her son James, they produced a great many gold things; Mrs. Simons had some in an handkerchief; this box was shewed by Mrs. Simons; the musical-box was among them, and the watch; I cannot exactly say to the seals; I believe the seals before me may be the seals; I do not speak positively to them. Q. What did the son produce - A. He produced a great many seals. Q. Did he produce a tooth-pick case - A. I believe there was a took-pick case; I cannot swear that is the tooth-pick case, I believe it is. This large case I believe was produced by Mrs. Simons. Q. Upon your oath do not you believe he produced the coin - A. Yes, I do. Q. Do you remember this book - A. Yes. Q. Was not there this book full of coin; upon your oath looking at the coin, do not you believe that to be part of the coin in the book - A. No, I do not; I saw him pull it out of his pocket. Q. Where did you afterwards send them things that you had of Mrs. Simons - A. They were at home; Mrs. Levy had them. COURT. You delivered all you had of Mrs. Simons, or of James, to Levi - A. Yes. Mr. Knapp. Did not she say, that she brought these - A. No, she did say it in that way; she said when Mr. Levi offered her the money, she could not take it until she had told her husband, for fear she should do wrong. COURT. Young man, look at that watch-chain - A. Yes; I remember seeing it; James, the son, produced that. JOSEPH LEVI . I am a salesman and silversmith; I live at High-street, Poplar. Q. You know Cohen - A. I do, and James Simons , and his mother; I was in company with them at Cohen's-house the last day of March, about three o'clock in the day time; I went there again between eight and nine in the evening; I stopped there till near ten o'clock. Mrs. Simons came with her son, she brought a bundle there in a handkerchief; I saw the bundle opened. Q. Look at these articles - A. This is one; this musical-box, and this watch-chain another; this locket-watch was in this gold purse. These three purses I cannot say whether they were produced by her or by James; part of these seals I am most sure James Simons brought; this ring Mrs. Simons brought; James Simons produced a number of seals on a string, about forty; this chain James Simons brought; this is the tooth-pick case, I cannot say by whom it was produced; this chain Mrs. Simons brought, Mrs. Simons asked thirty pounds for them; Henry Cohen , and I partly paid her twenty-eight pound for them; the musical-box was not sold, nor the locket-watch, we could not agree about them. Q, What became of James Simons , did he come to your house - A. Not that time, he came down the week following; Henry Cohen his brother-inn-law asked me to let him stay there. Q. Did you know that old Simons was apprehended - A. Yes, I did. This book, James Simons had it; it was full of large coins, he said he would not part with it; he said Joe must have it. Q. Who is Joe - A. I don't know; the diamonds I would not purchase; I bid her twenty-eight pounds for the gold only. FANNY COHEN. I am the sister to Henry Cohen . I received these things of Mr. Levi to take to his house; I was directed to deliver them to Mrs. Levi, and to desire her to put them safely. FANNY SIMONS . Q. Did you at any time go to the lodgings of your father at Joseph's - A. Yes; I saw Richardson there. Q. You have heard of the robbery of Lady Downshire - A. Yes; I went the day after; there I saw Richardson; he gave me a watch, a broach, and two rings, in my father's presence. Q.From whom did you get these two purses - A. From Richardson; I think he gave them me in my father's presence; I gave them to my father to take care of. JOHN ARMSTRONG . Q. Do you know Nathan Simons - A. No, sir: I have been at a house I believe to be his, and read a warrant to the woman at the bar, but I have never been able to find him. Q. When was that you went - A. After October last, I went there to execute a warrant, and there I saw Mrs. Simons; I went there several times afterwards with Daniel Bishop , and my son, both officers; I never could find him. Richardson's Defence. My lord, and gentlemen of the jury, a just sense of horror at my present awful situation, and being unwilling to attempt to justify my conduct, I plead guilty; which guilt originated in the dangerous acquiescence of most dishonest practices. Pardon my presumption; having only attained my twenty-six years, bred to a stonemason. I cannot be supposed to have transgressed the laws of my country, to that extent as I humbly acknowledge to be the case without wicked advice, by characters whose chief dependance were to trace the steps upon various mansions, for advising me, and other unfortunate persons like myself, to rob and plunder every thing to themselves, they acquiring the property; to such characters I have fallen a prey. I can assure you that my actions have never been that of a self-premeditated thief, and it is the only reparation I can make. Sorry I am to make my own condemnation, justice makes me do it; I never carried any offensive weapon about my person, and so far from doing violence on these occasions, upon the least noise or alarm sooner to risk violence I ran away rather than by violence endangering the lives of valuable subjects. I have too frequent fallen into and adopted the mode of systematical house-breaking. Mrs. Simons and her family, who are now indicted with me, they have been the chief persons that I have been connected with since my being in London three years, who have informed me what houses to break into, and when and what part the most valuable property was contained, which property I was obligated to sell to them at the sixteenth part of the value, and when I have so done there have been persons in the street to rob me of the same. My escape from Cold Bath-fields prison is too notorious, it is well known I escaped from there; when being moneyless I went to Mrs. Simons; Mrs. Simons then mentioned the robbing of the house of the noble Marchioness. I have pleaded guilty, and am therefore determined to tel of the Simons's family. They gave me instructions about the house; which after their giving me several times, they set me to rob the house, which I humbly beg pardon for the same. On my apprehension I acknowledged my guilt and contrition. I have been the chief instrument of restoring the property back again. Pardon me, my wife is only seventeen years of age, entirely without any protection by the recent loss of her father. I humbly implore your mercy; spare my life; I have transgressed in the extreme, yet as I have endeavered to discover the present robbery and to restore all the property in my power, I humbly hope you will save my life. Banish me wherever you please; I implore mercy, for which I and my family will for ever pray. James Simons 's Defence. The things I sold to Henry Cohen I received of my father. I am quite innocent of the robbery. Nathan Simons 's left his defence to his counsel. Sarah Simons 's Defence. I acted under the directions of my husband. James Frankil 's Defence. I am as innocent as his lordship I declare to God I know no more about it. RICHARDSON, GUILTY - DEATH , aged 27. JAMES SIMONS , GUILTY - DEATH , aged 16. NATHAN SIMONS, GUILTY , aged 50. Transported for Fourteen Years . SARAH SIMONS , NOT GUILTY . JAMES FRANKIL , NOT GUILTY . Second Middlesex jury, before Mr. Baron Graham.

54

Phil Hands on 12th August 2017

transcription continued Mr. Adolphus. Richardson knew you, and you knew him. Was not his disclosure a desire to return the lady the property as far as he could - A. Yes. I found all correct. I do not think any part of the property would have been recovered had not it been for Richardson's discovery. Q. He did every thing in his power to atone for the offence that he had committed - A. He did. Mr. Knapp, Q. to Hazard. Did you observe a wax candle in the morning in a candlestick - A. They took a candle in the drawing-room; they did not use it; and there were some short pieces on the carpet. There was one piece that did not belong to the family. Q. Was there a small candle of the marchioness's used - A. Yes. The next morning that candle was burnt shorter than it was the over night. I found that candle near the window where they got in. I left it the over night upon the writing-table in the same room. It was not on the writing-table the next morning; it was upon the other window. HARRY ADKINS . I am an officer of Bow-street. On Tuesday night, the 6th of April, I went with William Adkins and Beckitt to No. 16, Chandler-street; there I found Reuben Joseph and his wife. Q. Did you take Reuben Joseph away from there - A. I did, and left Wheeler there to take care of Dinah Joseph . We brought Reuben Joseph to Bow-street. I afterwards went to Seymour-court, Chandois-street. Q. Did you there find old Simons and Frankil in bed together - A. We did. I assisted in taking them. I took these keys from them. One of these keys upon the ring applied to the tea-caddy. We asked Simons if the tea-caddy belonged to him; he said it did not. I then went to the windows to see if they were secure in the inside. I found they were. The prisoners then were taken to Bow-street. I locked the door, and put the key in my pocket. My brother went with the prisoners to the house of Correction, leaving Frankil. I waited until he returned, and when he returned we went back to Seymour-court. As soon as we got there we searched the room. I found that box under the bed, at the head of the bed, under that side of the bed upon which Frankil was laying. They were both laying in the same bed. All the things that I found have been in my custody or my brother's. Q. to William Adkins . You parted with three boxes and a watch to Mr. Hanley - A. I did, and the thing I now produce are the things that I received from Mr. Hanley. Harry Adkins . The other things I have in my custody. Q. Did you go to Levy's house - A. I did, at Poplar. I found Joseph Levy at home. Q. Who did you find there - A. James Simons; he was locked up in a back washhouse. I took him in custody. I told him I took him upon a charge of robbing Lady Downshire's house. He said he knew nothing at all about it. I took him into custody. James Simons had got on a long coat and a pair of pantaloons. Q. After the robbery had been committed did you go to the Marchioness's house - A. I did. Q. How had the thieves got in - A. By a ladder at the back window. There is an area, and there are pallisades, and a sash was tied with three strings to the pallisades. The ladder was put on the top of the sash. There were the marks of the sash upon the ladder. In the evening I got the ladder, and the ladder reached the window within four or five inches; any person so disposed, by the assistance of the sash and the ladder, might very easily get in the window. Q. Now, what was the appearance of the room where you supposed they had been in - A. The first room I went into was the anti-room. As soon as I went in I observed a kind of a writing desk with a drawer for paper and pens; it appeared to have been cut by a knife, and to have been wrenched open. Upon this writing-desk I observed drops of a wax candle. Upon the floor I found the knife which is in that trunk; a clasp knife. This is the knife. I then went into the back drawing-room where they had entered. I found there the cabinet broken open, boxes broken open, paper and every thing throwed about the floor. I found an iron crow upon the floor and a small centre-bit, and a piece or two of dirty candle. In different parts of the room I found some spots occasioned by the droppings of a wax candle. I then went into the bow-room; I found that room in the same state; the sash was up. That is all I know. Mr. Gurney. In searching old Simons did you find any money upon him - A. Fourteen pounds, sir. In the box under the bed was an hundred pound bank note. Q. And how many guineas did you find also - A. Seventy-nine guineas, and two half-guineas. SAMUEL SIMONS . I am an apprentice to Reuben Joseph ; he is a tailor in Chandler-street, Grovesnor-square. I usually sleep at my father's. Q. Do you know old Simons - A. Yes; he came to lodge at my master's house before Christmas; he staid there until after Lady Downshire's house had been robbed, and James Simons came frequently to visit his father, and occasionally slept in the same bed, and I know Richardson; he came to my master's house. When he came he went into the parlour at the back of the shop, along with Simons and my master. Q. Did Mrs. Simons visit her husband - A. Sometimes. Q. On Monday evening the 29th of March, the evening before the Marchioness was robbed, do you remember who was at your master's house - A. There was Richardson, old Simons, young Simons, and Fanny Simons . Q. Was your master and mistress there - A. My mistress went out in the evening about a bonnet, and returned. They were all in the house that evening. Q. At what time did you go from your master's house that evening - A. About half past eight, and I returned there the next morning about half past seven. In about half an hour Mrs. Simons came to the house, and asked for her husband, and went up stairs to him. Her husband and her son came down stairs about eight o'clock; they went into the parlour. Richardson came in at the side door. Mrs. Simons gave me a shilling to get some rolls for breakfast. She came back again at three o'clock in the afternoon. Q. Do you remember in the course of the day what became of Richardson and young Simons - A. About four o'clock they went up stairs. I cannot tell which room they went to. COURT. James Simons is young Simons - A. Yes. Old Simons went up stairs and came down again; he told my master they were asleep, and he would not wake them. Q. In the course of that day was there a good deal of going up and down stairs - A. Yes; they went up and down stairs several times. There appeared to be more than usual to do that day. Q. On the Saturday afterwards do you remember standing against Simons, near the window - A. I was sitting on the shop-board, James Simons scratched the glass of the window with something on his hand. I asked him to shew it me; he said it was only a bit of glass; if I had a bit of glass I could do the same. It appeared to me to be a diamond, and from the appearance of the scratch I was induced to believe it was a diamond. Q. In the course of that day did Fanny Simons come to your master's house - A. Yes, and Frankil with her. Q. What is Frankil - A. I understood, the father of Mrs. Simons. Q. Did you see either Simons or Richardson after that Saturday night - A. No. Q. And down to that time Simons had been there for three months - A. Yes. Q. Did you see any property - A. No, only a pocket-book. That pocket-book is like it. Young Simons gave it to my master to smell; he brought it out of the parlour in his hand. Q. They only staid till the Saturday night - A. I cannot be sure. I think about Wednesday. Q. Now, when young Simons shewed this to your master and desired him to smell, what was said - A. My master said there was a key to it. Young Simons tried to unclasp it; he took the pocket-book again. Mr. Knapp, Q. to Beckitt. I asked you particular about a bando - A. I now produce it; I had not got it then. I received it of Levi Hart . Q. And rings and silver coins - A. Yes. Q. to Marchioness. Have you looked at these - A. I have; it is my property; it was in my house at the same time. DINAH JOSEPH . I am the wife of Reuben Joseph . Q. A little before Christmas last did Mrs. Simons apply to you for a lodging for her husband - A. Yes. Q. In consequence of that application did you get a lodger out you had to take them in - A. Yes. Q. Did his son James come with him - A. No. He came afterwards and continued to sleep with him. The son James came and often slept in the same bed with the father. Q. Do you remember a few weeks before the Marchioness of Downshire's house was robbed his coming to your house - A. Yes; he came on the Monday evening. Q. Who brought him - A. I do not know. When I came back I found him there. I saw Richardson, old Simons, young Simons, and Fanny Simons . Q. Between what time, and to the time of his being taken up, did he come frequent to your house - A. Yes. Q. How long did he come before the Marchioness's house was robbed - A. I cannot recollect; some time. Q. From that time until he was taken up was he frequent at your house with Simons - A. Yes, he was. Mr. Gurney. Now, you remember this Monday night upon which the Marchioness's house was robbed - A. Yes. Q. You heard of the house being robbed the next day,; on the next evening where did you and your husband go to - A. I and my husband went out to have a bonnet dressed. We came back at about half past eight. Q. Who did you find there when you came back - A. Richardson, old Simons, young Simons, and Fanny Simons . Q. How soon after did any of them go out, and who went out - A. Fanny Simons, young Simons, and Joe Richardson . James Simons returned about ten o'clock. When he came back he asked me to go for an ounce of coffee for him, and a three-half-penny candle. I refused getting it. Young Simons went out and old Simons went out. Young Simons came in again; he said he went as far as Russell-square; he appeared very much out of breath, and said he had seen the house of Correction. Q. Did you see what became of him after that - A. No; I went to bed. COURT. Then you do not know who slept in Old Simons's bed that night - A. No. I got up between seven and eight the next morning. Mr. Gurney. Now, about eight in the morning who did you see - A. Mrs. Simons came in from the street. Q. Did you see Richardson that morning - A. Yes. Richardson came down with old Simons and young Simons. Mrs. Simons asked me if it would be agreeable to have breakfast with me. I said, if she liked, and they breakfasted together; our apprentice was sent for the rolls. Q. Had you known by what means Richardson and young Simons got up stairs - A. No, sir. Q. After breakfast did you see any thing - A. Yes, while we were sitting together, a gold box. Q. Do you believe that to be it - A. Yes; it is a musical box. Joe Richardson put it on the mantle-piece; I heard it play beautiful. Q. Do you know the tune - A. No. I saw nothing else. Q. Was a coach sent for - A. I cannot say. Q. Do you remember Mrs. Simons going away - A. Yes. I cannot say whether she went in a coach or not. Q. After she was gone do you remember old Simons, young Simons, and Richardson being in your parlour - A. Yes. Q. Did young Simons and Richardson go up stairs to old Simons' bed room - A. I cannot say. Q. Did you hear any talk about sleeping there from either of them - A. I cannot recollect. Q. Do you remember their going up stairs - A. I remember they went out of my parlour. I do not know whether they went up stairs or not. Q. After Richardson and young Simons had been gone some time did old Simons go up stairs - A. Yes. Q. When he came down stairs did he say any thing respecting them - A. Respecting whom? Q. Richardson and young Simons - A. I do no recollect. Q. Do recollect yourself, and tell us the whole truth - A. I cannot recollect. Q. You have been questioned about this before, about old Simons going up stairs; upon his coming down do you recollect what he said - A. He said they were all asleep. Mr. Gurney. You see you can remember when you choose it. Do you remember who was present at the time that Richardson spoke of the musical box - A. Mrs. Simons and old Simons, and Simons being gone up stairs, Mrs. Simons had offered him three guineas for it; he swore he would not take it; he would keep it longer. He talked something of eighteen; what that was I cannot tell. Q. In the course of the day did he give you any thing - A. Yes; he gave me two rings; one of them has a blood stone in the middle. I gave them to my mother in the street, to save for me. Q. Is that ring one of them - A. It is like it; he gave me three; one with a stone, and one with a snake, and this smelling-bottle, and he gave me a pair of scissars and a thimble. Young Simons gave me a gold chain. He gave it me the same day, before he went up to lie down. Q. Is that the chain - A. It is like it. I gave them all to my mother, Mrs. Hart. Q. Did old Simons give you any thing - A. Yes, a bando, and some pieces of money, old Simons gave me Q. Were them pieces of money like these - A. Yes, they were. Q. A half-crown and Queen Ann shillings - A. Yes, and a ring of cut steel beads. I gave them altogether in a paper to my mother. Q. Do you remember Fanny Simons producing any thing - A. Yes, a gold purse. Q. Do you remember on Tuesday morning after the Marchioness's house had been robbed, do you remember seeing a piece of wax candle - A. Yes; young Simons pulled it out of his side great coat pocket; Richardson was in the parlour; young Simons said, Joe, that belongs to you. Joe swore at it, and said, yes. It was a piece of wax candle, about that size. Q. Do you remember the night of the Marchioness's house being robbed, of any matches being bought - A. Old Simons bought a halfpennyworth of a little boy. Q. Now, you say those things that you received of old Simons and Richardson you gave to your mother, Mrs. Hart, on the Wednesday - A. Yes. Q. When did they leave your house after this - A. In a few days. Q. Whether young Simons was in the house or out of the house - that night you do not know - A. No. All the lodgers had a key. Q. to Marchioness. Do you know that chain - A. That chain belongs to me. REUBEN JOSEPH . I am a tailor. Q. We understand that old Simons lodged at your house for two or three months before the Marchioness's house was robbed - A. Yes Q. And that for some reasons Richardson used to be there - A. Yes. Q. The evening before the Marchioness's house was robbed did you go out - A. Yes, on Monday evening, to fit a bonnet for my wife. Q. Who was at your house that evening - A. The Simons's when we returned. Old Simons, young Simons, and Fanny Simons . Q. At what time did any of them go away - A. I was not present when any of them went away. Q. After you came home did you go out again - A. Yes. Q. How late did you see any of them - A. About eight o'clock, or a little after eight, I saw old Simons and young Simons; after that, old Simons came in before ten o'clock, and young Simons came in; his father asked him where he had been. He looked rather out of breath; he had been running or walking very fast. He said he was going up; meaning up stairs. His father said he was going to bed. That is all I saw of them that night. COURT. His father asked him where he had been - A. Yes; he said as far as Russel-square or Bedford-square. I said he could not go that distance in so short a time. He said he had seen the prison, the house of Correction. I went to bed about half past ten. Q. How early the next morning did you see or speak to either of the prisoners - A. About seven o'clock in the morning young Simons took the wash-hand bason. There was water in the kitchen. Q. Did you afterwards go up stairs for the bason - A. Yes, up to Simons's room on the second floor. When I went up stairs I saw young Simons and Richardson. I asked Richardson what brought him there at that time in the morning; he said, nothing particular, and looked with his head down. Q. Did he make use of the water - A. Not that I saw. The water had been used. Q. Did you see Richardson take any thing out of his pocket while you were there - A. Yes, something like that box. I afterwards saw the inside of it. There was something parted off at one end; it was a musical box. I went down stairs. Q. to Marchioness. Was that box, before it received a damage, a musical box - A. Yes, it was. Q. to Reuben Joseph . While you were there did Mrs. Simons come in - A. Yes, and she went up stairs. Q. Had she been there frequently in company with Richardson - A. Not frequently. She knew him seemingly, and they were familiar together. Q. Now, did they all come down and breakfast after this - A. Yes, and Richardson shewed the musical box again. When he produced the musical box he wound it up by the key, and made it play. He put it on the table; he said Simons had offered three guineas for it, (I understood, old Simons) and from that to eighteen. COURT. Did you understand eighteen guineas - A. Yes. He said he would not take it. Richardson also took out of his pocket a gold watch; he asked me what it was worth. Mr. Gurney. Did Mrs. Simons go away that morning - A. Yes. She came back again in the afternoon. Q. On that day did old Simons produce any thing - A. Yes, a black purse. Q. Out of that black purse did you see him take any thing - A. Silver coins. Q. Did Richardson give your wife any thing - A. Yes. I did not see him give it her; he told me a chain he gave her. I sold it to Mrs. Simons. The chain was something of gold, and pearl hung to it, and some stones on it that looked white, enamelled with blue. Q. On what day did you sell it to Mrs. Simons - A. I cannot say whether it was on Tuesday or Wednesday. Q. Was any body by when you sold it her - A. Only young Simons; old Simons was up stairs. Q. Did you tell her at the time you sold it from whom you had it - A. Yes. I told her I had given Richardson twelve shillings for it, and she gave me thirty shillings. Young Simons said it was brass, and worth nothing; he had seen it before. She afterwards told me that she had sold it to Cohen, her son-in-law, and he had broke it up, and sold it; it was no other value than the pearl and gold. Q. Do you remember on that Tuesday young Simons shewing you any thing - A. Yes, a pocketbook with a clasp to it. Q. Was it like this - A. Yes; he desired me to smell it, it smelled like his father's prayer-book. He asked me if the lock was gold. I said I believed it was. Q. Did you observe any thing about Richardson that you had not seen before - A. Yes; I observed two gold seals hanging to Richardson's watch that I had not seen before. Q. A day or two after did you see that pocketbook in any other persons hands - A. Yes, Richardson's. I told him I had seen it in young Simons's hands; he said, yes, he wanted it, but I would not let him have it. Q. Do you remember on the Monday, the day before the house was robbed, of any matches being bought - A. Yes, by old Simons, of a boy in the street. Q. Did you see any other person take any of these matches - A. Yes, young Simons; he put them in his breast coat pocket. Q. Before that night had old Simons usually had a fire in his room - A. No. In the morning when I got up he had a fire. Q. Was that usual - A. No, I never saw one before. He breakfasted with us on the Tuesday. Q. Did you see anything take place with respect to a wax candle - A. I saw young Simons take a piece out of his pocket. I saw Richardson take it out of his hands, and some words passed. I do not remember them. Q. How was your street door usually kept of a night - A. Sometimes shut and sometimes open. Q. Could your lodgers go in and out of a night just as they pleased - A. Yes. Q. You had not been disturbed by Richardson coming in - A. No. I do not know at what hour he came in. Q. Might or might not young Simons go out and Richardson come in without disturbing you at all - A. Yes. MARY HART . Q. Your husband's name is Levi Hart - A. Yes. Q. Is Dinah Joseph your daughter - A. Yes. Q. Do you recollect at any

54

Phil Hands on 12th August 2017

James became a publican, auctioneer and eventually the owner of a well-stocked Sydney store. He was also a dedicated supporter of Jewish causes, helping to found the Great Synagogue in Sydney (although his wife continued to adhere to her Anglican faith). He invested shrewdly in land in NSW and ran a large emporium in Sydney's Hunter Street, dealing in imported goods. Strong ties with his family in England and a desire to purchase merchandise for his warehouse direct, occasioned repeated trips to England with his family. James was elected as the first Jewish alderman of Sydney in 1848. James Died on 2nd May 1849 at his home in O'Connell Street, Sydney aged 52. Agnes died on 26 June 1890 at Sydney aged 89, she never re-married. Old Bailey Trial Transcription. Reference Number: t18130602-58 574. JOSEPH RICHARDSON and JAMES SIMONS were indicted for burglariously breaking and entering the dwelling-house of Mary marchioness dowager of Downshire, baroness of Sandys, in land, about the hour of twelve at night, on the 29th of March , and stealing therein, seven watches, value 220 l. four watch chains, value 5 l. forty gold seals; value 120 l. two pair of ear-rings, value 300 l. two neck chains, value 20 l. two broaches, value 8 l. two diamond pins with a locket, value 2 l. a gold chain bracelet with a lock and key, value 50 l. seventy rings, value 320 l. two miniature pictures set in gold, with diamonds, value 200 l. a musical box, value 50 l. twelve other boxes, value 30 l. a tooth-pick case, value 10 s. a gold bando, value 10 s. a silver bread basket, value 3 l. a pocket-book, value 2 l. two silver ink-cups, value 2 l. a smelling-bottle, value 1 l. a reading glass, value 1 l. two pieces of silk, value 10 s. thirty gold medals, value 100 l. one hundred silver medals, value 20 l. three hundred and twenty pounds in monies numbered, six bank notes, value 5 l. each, ten bank notes, value 2 l. each, forty-nine 1 l. bank notes , her property. And NATHAN SIMONS , SARAH SIMONS , and JAMES FRANKIL , for feloniously receiving the said goods, they knowing them to be burglariously stolen . MARY HILL , MARCHIONESS OF DOWNSHIRE, AND BARONESS SANDYS . Q. Is your house situate in the parish of St. George, Hanover-square - A. It is. Q. In the night of Monday the 29th of March last was your ladyship's house broken open and robbed - A. It was, and the property stolen was of the value of some thousand pounds. JAMES HAZARD . I am groom and chamberlain to the Marchioness of Downshire. On the night of the 29th of March I shut the windows of the back drawing-room. There are three windows. I shut the first window and the second, and fastened them; the third window I put the sash close down; I did not fasten that; I let the Venetian blinds and the curtains down. Q. Is that third window next to the bow window - A.It is. Q. What time in the day was it when you fastened these windows - A. Between seven and eight o'clock. ANN ORAM . I am housemaid to the Marchioness. Q. On Tuesday morning did you go into the back drawing-room - A. I did, a little after seven. I was the first that came down stairs. When I went into the back drawing-room I found the window nearest the Bow window open; the Venetian blinds were half down, and the sash quite up. There is some leads underneath that window; I there saw one of these ink stands and a gold cup tied up in a pocket handkerchief. I afterwards examined that room; I saw the drawers open, and the papers about the floor. I went into the adjoining-room; the cabinet was open, and all the boxes. Q. Did you observe whether the contents of the cabinet and boxes were gone - A. No, sir. I then went and communicated it to the man servant. CHARLES BRIAN . I am porter to the Marchioness. On Tuesday morning I was called by the last witness; I went first into the anti-chamber, and then into the front drawing-room. Nothing was broken open in the front drawing-room. This was a little after seven o'clock. I then went into the back drawing-room; I found the cabinet broken open, the table drawer, and some boxes that were in the room were broken open. There were papers about the room. There were things gone out of the cabinet and drawer. COURT, Q. to Marchioness. Was it in this cabinet and drawer that you kept your valuable things - A. Yes. Mr. Pooley, Q. to Brian. Did you look out of the window of the back drawing-room - A. Yes. Q. It adjoins the bow - A. Yes. There are leads under that window, the back drawing-room. That window was open. On the leads was a bundle tied up. I went down to it; there I found a bundle containing two ink stands, and on the top of the bundle some small ornaments of silver. I found a gold cup quite in the corner of the leads, under the window. It was pressed quite flat to make it portable. Q. The ink-stands and cup you found there were the Marchioness's, I suppose - A. Yes. Q. Do you know how the persons got in the window - A. Apparently by what I saw by a frame tied to the rails, and a lamp-lighter's ladder; the frame was used, and the ladder; the ladder upon the frame. That frame had been there perhaps for years. Q. Did you afterwards procure the ladder which the lamp-lighter used to use - A. Yes. Q. Was the ladder long enough to have got in the window without the frame - A. No; so it appeared by the tying of the frame. Q. When you found the frame that morning was it tied - A. It was tied to the rails in three place. COURT. What rails - A. At the back part of the house. That old window frame had been brought from the lumber-room, and fastened there. Mr. Pooley. Did you see where the ladder was found the next morning - A. No; I did not see the ladder found. On my going up the area steps on the landing-place the lamp-lighter came; he asked me if there had been anything the matter. I said, yes. He said, because I found my ladder there this morning. Q. When you went into the room how was the door between that and the stair-case - A. That door was open. Q. Was the back drawing-room door fastened - A. I cannot tell. I did not go there last at night. Q. to Hazard. How was the back drawing-room door at night - A. It was shut, but not locked. I shut it a quarter before one; the time that the Marchioness went to rest. I shut both the doors, but not locked them; I am sure of it. I shut the back drawing-room door, and the front drawing-room door. Q. Do you know how the anti-room door was that night - A. I shut it at the same time. I think I was the last person up. EDWARD BIGNELL. I am a lamp-lighter; I light the lamps for the Marchioness of Downshire; I fasten my ladder behind the rails of the stable wall with a padlock and a chain. It was a strong chain, like a brewer's chain. Q. On the night of the 29th of March, do you recollect fastening your ladder there - A. I did, about six o'clock in the evening. In the middle of the night, about two o'clock, I go about for the purpose of re-lighting the lamps, and when I went to relight the lamps, the ladder and the chain were gone. I found the ladder about eight o'clock; it was standing upon the area steps of the Marchioness, inside of the rails. JOSEPH BECKITT . I am a servant to Mr. Adkins, the Governour of the house of Correction. Q. Do you know Richardson - A. Well, sir. I met him on the evening of the 6th of April, between nine and ten o'clock, in Little Earl-street, Seven Dials. Q. Did Richardson see you - A. By his actions it appeared he did; by his turning down a street, and then running. He slipped off two great coats in running. I came up to him, and apprehended him in Little White Lion-street. I secured him. He asked me what I wanted. I told him not to talk to me in that way. He appeared as if he did not know me. He said, Mr. Beckitt, I shall be hanged. I took him into a back-room of a public-house, and searched him. I took from his person five hundred and twenty-three pounds in bank notes. He then asked me to get him a coat. He had not a coat or hat. I sent for a coach, put him in, and then he offered me the money to let him go. He said, I might keep the money for my own use, provided I would let him go out of the coach. In about ten minutes after that, in our way to the House of Correction, he acknowledged to me of robbing the Marchioness of Downshire; that he had been very lucky in respect of robbing the Marchioness of Downshire of a large property; he said he was one of the party that was concerned in it. I then declined having any further conversation until we got to the House of Correction. I then took him into the office in the Governor's house, to the Governor, and there I believe he made a confession to the Governor of the robbery. After that, me and the Governor and Richardson went to Reuben Joseph , and a person of the name of Wheeler. In our way we called upon Harry Adkins. We went under Richardson's directions, and knocked at Joseph's shop door, the street door being open. Q. Where was this house of Joseph's - A. In Chandler-street, no great distance from the Marchioness's house. Richardson pointed out the house as we were going. We knocked at Reuben Joseph 's shop door, and got admittance. Reuben Joseph opened the door. We got a light and searched the place. The Governor and Richardson asked for a couple of rings; Joseph and his wife denied having them. Richardson said, they had them, and they might as well give them up. Then we took Joseph in custody, and left his wife in custody of Wheeler. Then we went to the Brown Bear , Bow-street, with Joseph and Richardson. I stopped with Richardson while the Governor and Harry Adkins went with Joseph to apprehend old Simons. They brought Simons and Frankil back. Q. What day was this - A. This was the same night I apprehended Richardson. I took charge of old Simons and Frankil, and the Governor went away again, Then after that we took them to the House of Correction. Q. Had you any articles delivered to you - A. Yes, on the 13th of April, by Levi Hart It was delivered to me at Levi Hart 's house, Monmouth-court, Seven Dials. Q. Had you tried to find Simons - A. I have, when he was out of the way, over the water. Q. How long have you been trying to find him - A. Two or three months, or longer. Q. Did you know where Simons lived - A. Yes, well. I went there several times to find Simons. I searched his house, (that is in Crown-street, Soho), and I could not find him there. These rings I received of Levi Hart , at the house in Monmouth-court, a gold ring, a diamond ring, a serpent ring, and a small green smelling-bottle, and eight silver coins. Q. Who has got the bando - A. I don't know. I have enumerated all the Marchioness can speak to. Richardson was the means of our recovering the property. WILLIAM ADKINS . I am the Governor of the House of Correction. I know Richardson. On the 6th of April, Richardson was brought to the House of Correction by Beckett, one of my turnkeys; Beckett brought Richardson immediately into my office. I said to Richardson, I was very glad to see him back again; Beckett said he had taken a great deal of money from him; I said whatever you have taken. I said let me take an accompt down before Richardson; I then said to Richardson, from the manner in which the Marchioness's house had been broken open I had no doubt he was one concerned in it; he sat about a minute, and then he said, sir, I will not tell you an untruth; he said, I was concerned, and his part he sold to Simons's, meaning Simons and his wife, as I understood. Q. You knew the Simons's, did not you - A. Yes. I asked him if he could give me information where I could find Simons; I meaned the father and son; he told me he could not tell me where they were at that time. I then asked him if he thought there was any chance of recovering any part of the property; he told me there were two rings, which he had given to a Mrs. Joseph, and that I might recover them again, for he was certain that she had got them; he then told me that old Simons and young Simons had lodged at Joseph's house, and by going to Joseph's house, I was likely to find some of the valuable boxes that had been stolen; he had seen them in a drawer in a bureau in a room in which the father and son had lodged; in a chest of drawers I believe; I am not certain whether he said in a chest of drawers, or a bureau; he then said that Joseph could give me the information where to find old Simons. I asked him the name of the street in which Joseph lived; he said he did not know the name of the street, nor the number of the house, but if I thought proper to take him in a coach he would take me to the place; I sent for a coach. I went with Richardson, Joseph Beckett , Wheeler, and Harry Adkins . Q. Before you got to Joseph's house was anything said by Richardson to you, how he came by the five hundred pounds in notes - A. I omitted that in taking down the number of the notes, I asked Richardson if that was the produce of what he had stolen from the Marchioness of Downshire; he said part of it was, about three hundred pounds. Richardson took me to a house in Chandler-street, No. 13, he told me the house door would be open; I found it was, that Joseph had a shop and parlour. Richardson said, you had better knock at the door, and when Joseph comes, say it is Joe; Richardson's name is Joseph; I understood he meant the shop door; I did so. Joseph came and asked who is there; I said Joe. He opened the door, and when he found there was more than one, he then attempted to shut the door again; however I bursted it open again and got in; Joseph and his wife slept in the back parlour; they were both undressed; it was near twelve o'clock. I said to Joseph, do not make any resistance, it is of no use; I want two rings of your wife; Joseph said have you got two rings, give them to the gentlemen if you have got them; Wheeler then brought a light; I then said to Mrs. Joseph, I want two diamond rings of you, which have been stolen from the Marchioness of Downshire; she said she had got no rings, nor had she had any. Richardson then went up to her, and said you had better give them up, because you know I gave them to you. She positively denied knowing anything about it. We then proceeded to search the two rooms belonging to Joseph below, and found nothing. I then went upstairs to the second floor where Richardson, understood, had lodged. Richardson had described old Simons and young Simons had lodged there; I saw the drawer that Richardson had named to me, and found nothing. I came down stairs; I then told Joseph and his wife, that unless they gave up the rings I should take them in custody; said that she had not got them I took Joseph of oneside, I said do you know where old Simons lodges to night; he said he did not know. I told him I should take him to the House of Correction, and I should leave his wife at home with Wheeler; We got into the coach, and went to the Brown Bear , Beckett, myself, Harry Adkins, Richardson, and Joseph, five of us, went to the Brown Bear , and from the information, got at the Brown Bear , I went to No. 4, Seymour-court, Chandos-street. I went with Harry Adkins ; I knocked at the door several times; I could make nobody hear me; but a woman that lives at the house adjoining; to this opened the window she asked me what I wanted there; she said it was her house. She lent me a key, and we got into the house. I broke open the back room door below; I found the two prisoners, old Simons, and James Frankil , they were in bed, and as soon as we got the light in, I said to Simons, your name is Simons; he said his name was not Simons; I asked him what his name was; he refused to tell me his name; I desired them both to dress themselves; when Simons hod got his clothes on, then I recollected him; I told them both I should take them in custody. I said I knew you now, I shall take you in custody; I asked them if they had anything belonging to them in that apartment; they said no, they had not. I opened a drawer I found a small tea-caddy, and two purses, one a gold purse, the other beads and silk, they have been identified by the Marchioness. I asked Simons and Frankil if they belonged to them; they both denied it positively; Harry Adkins , my brother, and I took them to the Brown Bear . Q. Before you took them to the Brown Bear , did you find anything else there - A. Not at that time. We locked the door and took the key with us; I left Frankil at the Brown Bear , and desired he might be put in a room at the Brown Bear ; and then conveyed Richardson and Simons to the House of Correction. Harry Adkins and myself went to Simons's lodgings again in Seymour-court, to search the lodgings of the same room that we had been at before, where we found old Simons and Frankil; under the bed that they were in, Harry Adkins found a box in my presence; he has had it ever since; I saw what it contained; it contained diamond rings, a gold watch, some silver coins, a pearl broach a black silk purse, some two guinea pieces, and three pieces of gold coin about the size of a shilling. Mr. Knapp. to Marchioness. Look at these things - A. I have seen them all, they are my property; I had seen them in my house a day or two before the robbery; my drawer in the cabinet was broken open. Q. to William Adkins. After you had found the box under the bed where Frankil and Simons laid, what took place - A. On the next day Richardson wished to speak to me; he told me that he had got two rings which were taken out of the Marchioness's house, and a pocket-book at his lodgings, No. 13, in the Colonade, Brunswick-square; he gave me two keys, and said if I would go to a chest of drawers, I should find two diamond rings, and a pocket-book. I went according to his direction and found the lodging; his wife was bed, this was Thursday the 8th, about eight or nine o'clock in morning. I there found two rings in a pocket-book, and this black silk purse. Q. Did you find anything else there - A. No, except this iron crow; it is a new one, it has never been used; it is what they call a jemmy. Q. to Marchioness. Look at the rings, and tell me whether they are yours - A. Yes, I know them; they were in my house at the time the robbery was committed, and I know the purse; it is mine. William Adkins . On the 13th I received from a person of the name of Levy a number of articles which have been identified by the Marchioness; the first is a musical snuff-box, a blood stone box, a locket watch, and two keys, eleven seals, seven gold, five small seals, and a gold ring, a diamond and granet ring. Mr. Hanly. I received these pieces of ivory from the witness Adkins; they are piece of ivory upon which eyes have been painted. Mr. Knapp. to William Adkins . Where did you get these pieces of ivory - A. I received them from Levi I have a silver fillag ree box, I received it of Levi, and four gold purses, a gold breach, and part of a butterfly with the granets set in it, a neck broach, a watch-chain and slider, a necklace of Irish diamonds. Q. to Marchioness. Has your ladyship seen these things before - A. I have; I have no doubt they are all mine; they were in my house on the night of the robbery. Adkins. These are all the things delivered to me at the Green Man public-house, Bow-street. Levi was not in custody. Mr. Andrews. From whose information was it, Adkins, that you wet to Seymour-court - A. Joseph I went there about two o'clock in the night. Q. Frankil lived there - A. I found him there. This is the box that was found under the bed, on the side that Frankil was laying. Frankil said that Simons had only come there for a nights lodging. I have known Simons a good many years; he lived in Crown-street, with his wife; he left his home about eleven or twelve weeks previous to his being apprehended. The wife remained in Crown-street until she was apprehended. COURT. Do you know the reason of his leaving his home - A. Simons had bought some stolen property of Richardson, and that was the reason of his leaving his home. Mr. Adolphus. Richa

105

Denis Pember on 12th October 2015

In the colony, James married Agnes Thorley, 4 November 1821 at Richmond. Agnes was the daughter of Samuel Thorley (Convict, Active, 1791) and his wife Ann [nèe Shales], born in 1801. James and Agnes had 8 children. James was granted a Conditional Pardon 17 August 1825 and then an Absolute Pardon 15 march 1833.

105

Denis Pember on 12th October 2015

The death sentence for James and Joseph was subsequently commuted to one of transportation for a life term. The father Nathan, was evidently taken to the 'hulks' to also be transported. James came in 1815 on "Marquis of Wellington". However, no record of the father appears in the colony. The prisoner register for the hulk "Retribution" (HO 9/7) shows that Nathan Simons was pardoned on the 24 July 182# (last digit is obscured!).

105

Denis Pember on 12th October 2015

At the age of only 16, James was taken before the second Middlesex Jury and Mr Baron Graham. JOSEPH RICHARDSON (27) and JAMES SIMONS (16) were indicted for burglariously breaking and entering the dwelling-house of Mary marchioness dowager of Downshire, baroness of Sandys, in land, about the hour of twelve at night, on the 29th of March , and stealing therein, seven watches, value 220 l. four watch chains, value 5 l. forty gold seals; value 120 l. two pair of ear-rings, value 300 l. two neck chains, value 20 l. two broaches, value 8 l. two diamond pins with a locket, value 2 l. a gold chain bracelet with a lock and key, value 50 l. seventy rings, value 320 l. two miniature pictures set in gold, with diamonds, value 200 l. a musical box, value 50 l. twelve other boxes, value 30 l. a tooth-pick case, value 10 s. a gold bando, value 10 s. a silver bread basket, value 3 l. a pocket-book, value 2 l. two silver ink-cups, value 2 l. a smelling-bottle, value 1 l. a reading glass, value 1 l. two pieces of silk, value 10 s. thirty gold medals, value 100 l. one hundred silver medals, value 20 l. three hundred and twenty pounds in monies numbered, six bank notes, value 5 l. each, ten bank notes, value 2 l. each, forty-nine 1 l. bank notes , her property. And NATHAN SIMONS, SARAH SIMONS, and JAMES FRANKIL , for feloniously receiving the said goods, they knowing them to be burglariously stolen. The trial details are very long (11 pages in all) and quite detailed. The theft involved articles to the value of several thousands of pounds, according to the Marchioness of Downshire. James and Joseph were found guilty as charged and sentenced to death. James' father, Nathan, was found guilty of feloniously receiving the aforesaid articles, knowing them to be burlariously stolen, he was sentenced to 14 years transportation. Nathan evidently had a poor record himself and was referred to as "an old receiver". His mother Sarah Simons and his uncle James Frankil were found not guilty.