John Smith

135

C H on 17th February 2024

Old Bailey Online JOHN SMITH. SAMUEL JOHNSON. Theft; simple larceny (from 1827). 27th November 1843. Text type Trial account Defendants JOHN SMITH, SAMUEL JOHNSON Offences Theft > Simple larceny Session Date 27th November 1843 Reference Number t18431127-48 Verdicts Guilty, Guilty Punishments Transportation, Imprisonment 48. JOHN SMITH and SAMUEL JOHNSON were indicted for stealing 1 handkerchief, value 6s., the goods of Robert Roderick Fraser; and that Smith had been before convicted of felony. ROBERT RODERICK FRASER , M. D., Duke-street, Manchester-street. On Thursday evening the 2nd of Nov., about seven o'clock, I was walking with a gentleman, on the north side of Covent-garden—I put my hand into my pocket, and my handkerchief was gone—I had seen it safe on leaving my house—this now produced is it. Cross-examined by MR. BALLANTINE. Q. Is there any mark? A. My initials are on it. WILLIAM WEST (police-constable F 106.) I saw the prisoners in St. Martin's-lane, followed them into New-street, and saw them both following a gentleman and lady, who were walking arm in arm—Smith went up, felt outside his pocket, and instantly turned back again—I followed them into King-street, and then saw them following the prosecutor, who was arm in arm with another gentleman—Smith laid hold of the tails of his coat—Johnson waa close behind—I was on the opposite side—about twenty people were assembled round Home music; in consequence of which, I could not see whether he took anything out or not; but as he suddenly left, I concluded he had picked his pocket—I ran across, and asked the gentleman if he had lost anything, then went after the prisoners, found them both in the Cock and Bottle public-house, Bedfordbury, and in Johnson's hat I found this-handkerchief. Cross-examined. Q. You had an opportunity of observing all they did from being behind them? A. Yes—I took care not to let them see me—I was in the public-house before they came in—there were two more people there—I did not see the prisoners go into the public-house—I was in the house first—I followed them into the tap-room—I had half a pint of porter at the bar, and as soon as I got it they came in behind me—I suspected they would go there—this was about twenty minutes after the robbery. JAMES M'LACKLON (police-constable C 126.) I produce a certificate of the prisoner Smith's former conviction—(read)—the prisoner is the person who was tried and convicted in the name of John Eager. MR. BALLANTINE. Q. Are you sure of that? A. Yes—it was in this Court—I do not know who the Judge was—there was a former conviction against him then—I do not know whether it was in this Court or the other—it was in the Old Court—this is the Old Court, I believe it was in this Court, it was in the evening—I am sure of that—it was after five o'clock—I do not know who before—I have been in the force about four years—this was the first case I had. Q. Do you recollect anything about this person's face, at all, on your oath? A. Why, it is some time back—I recollect his face so as to swear positively to him—Mr. Thomas Peters was the prosecutor—he is a law-stationer, I believe—I should know him again—I will swear the prisoner was tried in this Court—(Upon reference to the Sessions Paper it appeared that John Eager was tried in the morning, and in the New Court.) SMITH*— GUILTY. Aged 18.—Of the larceny, but not of the previous conviction .— Transported for Seven Years . JOHNSON— GUILTY . Aged 30.— Confined Six Months.