Matthew Smith

135

C H on 10th March 2024

Old Bailey Online MATTHEW SMITH. THOMAS HALL. JOHN HUMPHREYS. DANIEL CARROLL. Violent Theft; robbery. 21st October 1844 Text type Trial account Defendants MATTHEW SMITH, THOMAS HALL, JOHN HUMPHREYS, DANIEL CARROLL Offences Violent Theft > Robbery Session Date 21st October 1844 Reference Number t18441021-2567 Verdicts Guilty, Guilty, Guilty, Guilty Punishments Transportation 2567. MATTHEW SMITH, THOMAS HALL, JOHN HUMPHREYS , and DANIEL CARROLL , were indicted for feloniously assaulting Robert Booth, putting him in fear, and stealing from his person 1 watch, value 2l.; 2 seals, 5s.; 1 watch-chain, 5s.; and 3 shillings; his property; and immediately before, at the time, and after the said robbery, beating, striking, and using other personal violence to him. ROBERT BOOTH . I am agent to Clark and Wells, coal-merchants, Bank-side—I live in Kennington-lane, St. Mary, Lambeth. On Saturday the 14th of Sept., about half-past eight o'clock in the evening, I was in the Kent-road—the prisoner Smith came up to me, got hold of my arm, and walked a little way up New-street with me—I had but a glass or two of beer in the course of the day, at one place or another—I was not tipsy, nor had I been drinking freely—I knew what I was doing—when he took me by the arm he said, "Where are you going?"—I said, "To Mr. Billing's," and asked him to go about his business—he said he was going my way, and just as I got to Davis' back-door, in New-street, New Kent-road, several others came up, rushed round me, knocked me down, and knocked my head about so that I did not know where I was—they put a stick between my legs, and threw me down—I lost my watch, two seals, and a chain, and about 3s. in silver from my pocket—I had counted my money about an hour before—they put their hands over my mouth—I said, "Don't take my watch"—they directly snapped my watch-guard, and downed me, and cut off my fob, took my watch, fob and all—I felt the watch go—I was much hurt—I was not well for two or three days—I did not know where I was, they knocked my head about and stunned me so—how I got home I cannot tell—I did not recover for two or three days—I recovered my senses three or four days after—I was insensible for three days, and my head is bad now. Cross-examined by MR. PAYNE. Q. Was not your head hurt much more from what you had taken, than what happened? A. No—I was not drunk—I had called on different customers I had to attend to—I had some beer in the Borough—I had not been with any women—I might have had half a dozen glasses of beer in the course of the day—I had no wine—I will not swear I did not have a drop of spirits, but I believe not—I do not know Mrs. Ledger, of New-street—I lived in New-st. for about eighteen years, previous to going to Kennington—it was Tuesday before I found I was at home—they had put me to bed, but I do not recollect it, my head was so bad—I had no doctor—I do not know whether I had any dinner, tea, or supper, the next day—I missed my watch when I came to my senses about Tuesday, but I had felt them take it. Cross-examined by MR. SIMON. Q. Where were you going? A. To Mr. Billing, a green-grocer, on business—I went out first about half-past eight o'clock in the morning—I do not treat people I call on—I had been into three or four public-houses that day—I had a pint of half-and-half with one Snelling—I dined at home—I was able to walk straight—I always lurch about—I cannot help it—I was not drunk—when Smith came up he did not say, "You are not walking straight"—he said he knew me, and forced his conversation on me—he did not say, "You are lurching about, why don't you walk straight?"—I had seen him before—he used to come to my shop when I kept one—he lived in the neighbourhood somewhere—I do not know where—one of them put a stick between my legs, and threw me down—I did not fall from tipsincss—I could feel the stick between my legs—my head is not right now—I was not talking for some time to a prostitute—I might have spoken to a customer—I cannot recollect speaking to a woman that evening—I will not swear about it—I did not stop and talk with a common prostitute, not to know it—they knocked my head about so that I forget almost everything. COURT. Q. Did you know any of the other persons about you? A. I knew them all by sight at Union-hall, but not at the time I was knocked down, except Smith. MR. SIMON. Q. When did you first say Smith was the person who came up to speak to you? A. At the station—I gave information about this I suppose a fortnight or three weeks after, I was not able to go to the police for two or three days—I could hardly get out of my bed. WILLIAM JACKSON . I am between eleven and twelve years of age, and live with my father, in New-street, New Kent-road. On the night of the 14th of Sept., I was in New-street, playing, and saw Smith and Humphreys, one they call Hall, Forrester, and Hardiman—I did not see Carroll—Forrester had a walking-stick in his hand—I saw him put it between the prosecutor's legs, and throw him down—I could not tell what they did then—they got round him—I heard him call out, "Don't take my watch, don't take my watch!"—Mrs. Kelly came out of her house with a light—the prosecutor had some blood on his face, and she washed his face—when he was walking about there be nearly tumbled down again, and appeared hurt. Cross-examined by MR. SIMON. Q. How long bad you seen him before he was thrown down? A. About five minutes—he was walking on—he appeared as if he had been drinking—he had not taken much—he staggered a little—I saw him before he was knocked down—they led him out of the Old Kent-road—he did not stagger then, but when Smith had hold of his arm, and was leading him, then he was not trying to keep him up—they were leading him down the place to get his things away—I have not been speaking to-day with any of the parties connected with the prosecution—they have not spoken to me as to what I should say—this was about the middle of New-street—there were several people about besides the prosecutor and prisoners—there was Mrs. Manning came down to see how they got on—the witness, Jane Ledger, was there—there was no one else in the street—a little girl was playing with me, but she had gone in for a light, and I was waiting for her—when the prosecutor fell, there was a great deal of confusion—there were not a great many people stopping to see what was going on—about four—there was, no one besides the parties I have named—I saw a little blood come out of ihe prosecutor's mouth. Cross-examined by MR. PAYNE. Q. What is your father? A. A pipe maker—I go to a Sunday-school, and to church—Mrs. Kelly lives at No. 12, New-street—it is not ten minutes' walk from the Elephant and Castle, about three turnings past it—this was about eight o'clock—therte are shops in New-street—I had seen Hall before—he used to live down a street opposite me—I did not see him do anything particular—they were all round the prosecutor—Mrs. Manning wiped his face—Mrs. Manning had hold of the water, and Mrs. Kelly washed his face—they both washed his face—I have had no quarrel with any of these people, nor has my father—I told Mrs. Kelly that I had seen Forrester put the stick between the prosecutor's legs, and I told my father—I went before the Magistrate, about three weeks after—nobody took Booth home—he went home by himself, without anybody to help him—he nearly struck his head against the cart—he staggered about—I do not know what Mrs. Ledger is—she lives next door but one to us. Cross-examined by MR. HORRY. Q. Did you see the prosecutor's trowsers before anybody came about him, except Smith? A. Yes, his front was not down, nor did they hang about him—I was at play with a little girl who lives up the street, running round the cart, at whoop; but when I saw these persons, she had gone in, and I was waiting—I first saw Smith leading the prosecutor down, and the others were following close behind him—they were all together—I was standing by the cart—they passed me—I saw Smith and Booth first by the chandler's shop, about twenty yards before they came up—the others were close behind him—this happened about ten yards from the cart, further on—they could see me—I know Humphreys—he is the son of a respectable painter and glazier, living close by, and lives with his father. COURT Q. Does he work for his father? A. No—he does not work at all—they came out of the Old Kent-road into New-street—directly they saw him they ran across to him, and led him down the street to a dark place, and there he was tripped up—Smith walked faster than he did—he was pulling him along, and making him walk quick too. JANE LEDGER . I live at No. 10, New-street. On the 14th of Sept. I saw Mr. Booth pass by—Smith had hold of his right arm, Hall was next, and Carroll was, it may be, three yards behind—I stood at the street-door—there were others with them—they went to a dead wall—there are two doors besides the dead wall from our house, and it was too dark for me to see what they did there from where I stood—I did not see him surrounded, only as they passed my street-door and went to the dead wall—I only heard Smith say, "You are down now, and we shall not get you up again, we shall never get you home to-night"—I knew Booth before, when be kept a shop in Lyon-street, and I knew Smith, Carroll, and Hall, before by sight. Cross-examined by MR. SIMON. Q. How long had you seen Booth before they got out of sight? A. It might be five minutes—I did not see him stagger—they were holding him up—I stood at the street-door, and there was a light from the shop-window—I was two doors from the cart—I lodge with Isabella Rattray, in New-street—I have been doing for her, as she is laid up—she is a married woman—it is a two-roomed house—she does not let it out to lodgers—people are not in the habit of coming there and remaining for a short time—I have got my living for the last three weeks by doing for her—I have not got my living in the streets lately—I have been an unfortunate girl—I have never stated that I saw nothing of this matter—I do not know Franklin, a butcher—I never said that I knew nothing about it, only what my landlord told me—it was me that told my landlord—I never said that I would go out of the way for 20s.—they offered me money to go out of the way, and as late as last night they threatened my life—the butcher's brother came to me, with another man, last week, and asked me to take the money and go out of the way—they proposed to buy me a new pair of shoes, a gown, a bonnet, and shawl, if I would go, and to find me a situation at 1s. a-week, and I was to go a long way off with his mother till the trial was over, and then come and live with her at 1s. a-week—since that they have threatened my life, so that I am afraid to go outside the street-door after dark on an errand or anything—I was standing at the street-door—I believe it is a street where girls stand at the doors—it was a starlight night—the stars were just coming out—I did not see very many people about—I do not owe Booth anything, nor does my landlady—I have not seen him about occasionally intoxicated—he did not appear intoxicated that night, and did not stagger, that I saw—they were not walking very slow nor very fast—there was no pulling him along. Cross-examined by MR. PAYNE. Q. Where did you live when you knew Booth? A. At No. 4, opposite his house—he never came to see me there—I never had anything to do with him—he did not see me on this night—he did not come to my place that night—I do not think I had seen him from the time he left his shop, which was soon after last Christmas—I am sure I had not spoken to him—I did not give any alarm when they said, "We shall not get you home"—I did not hear anything wrong then. COURT. Q. Did it appear to you they were leading a drunken man home? A. No—I did not perceive that he was drunk. WILLIAM MARTIN (policeman.) I apprehended Smith and Humphreys on the 4th of Oct., and Hall on the 5th—I told them I wanted them for assaulting and robbing Robert Booth of a watch on the 14th of last month—they all totally denied the charge, and said they knew nothing of it whatever. Cross-examined by MR. PAYNE. Q. Where did you take Hall? A. I do not recollect the name of the street—we had a run for him—I first saw him in Gun-street—there were a great quantity of thieves and associates of thieves in the public-house I saw him in—I told him I wanted to speak to him—as soon as I told him the charge he ran away as fast as he could—two other constables stopped him, and he kicked one very much—I mentioned that to the Magistrate, but it was not taken down. MR. SIMON to JANE LEDGER. Q. Did you see Mrs. Manning there? A. No, I did not—she lives at No. 21, on the other side of the road, below where the prosecutor was knocked down—I do not know that she has been attending here with the witnesses for the prosecution—I saw her about half an hour ago—Mrs. Kelly was told at Union-hall she was not wanted. Witnesses for the Defence. SARAH MANNING . I am married. On Saturday night, the 14th of Sept., I saw Booth on the opposite side to where I live—I knew him—I saw him move in the gutter—I was on my street-door mat—I went out to him—I asked a person to bring me a light—a little boy brought me one—he was lying on the right side of his head, and I rolled him—his clothes were hanging about him in a very improper manner—his fob was torn off—he was all unbuttoned—he appeared to be quite in liquor—I have no doubt about that—he did not know me—I asked him, and he did not make me any reply—there was no violence on him—I washed his face, I thought he was another gentleman, who was subject to fits—there was gravel on his face—I saw his mouth, there was no blood on it—the witness Jackson is the boy who brought me the candle—I did not see Ledger—one of the neighbours gave me a quart of water to wash his face—a female brought it—a gentleman named Middleton, over my head, helped me up with him—he is not here—he then went away—I left him about twenty yards from where he was lying—he was very much in liquor—he went away staggering down New-street. COURT. Q. He did not appear to understand what you said to him at first? A. No, he did not—he smelt very much of liquor—I did not notice him before he was down—his clothes were very much disordered and torn open—I did not see his fob—he was lying in a very improper manner, with his smallolothes down—I did not take that particular notice, to see whether his fob was torn off—I led him twenty yards—he staggered very much—I then left him, and he went away—Tasked him if he knew where he was—he said it was all right—he did not say where he was—I did not see any violence on him—there was no blood—I did not examine his head—I had his face washing a few minutes—I was not applied to to come here as a witness until to-day—I was asked to come up—one of the neighbours said I ought to come up to speak—several neighbours told me, Mr. Middleton was one—I do not know why he did not come himself—I did not know any of these parties before, nor any of their friends—I do not know where they live, anything of them—Middleton said I ought to come, to speak the truth—the attorney in the case spoke to me this morning—I do not know his name—he spoke to me in my own place—it was he that came for me—I do not know how he was aware that I knew anything of the matter. MR. HORRY. Q. When did you see the attorney's clerk first? A. This morning—I said nothing to the prosecutor about what he had lost. MR. SIMON. Q. How far from your door was he lying? A. Four or five yards—my house is four or five yards from the dead wall where he was lying—I heard no disturbance at all—I was in-doors, ironing—I came out to clean my flat-iron on the street-door mat, and saw the man rolling in the gutter—it was over before I came out—he did not appear able to talk—he did not talk to me—he just said, "It is all right." WILLIAM MARTIN re-examined. I beg to state this witness has told me since the occurrence, that it was a most shameful thing for the old man to be knocked about in this manner, and that he was used most shamefully. SARAH MANNING re-examined. I did not state that to Martin—I swear it—I have had no conversation with him at all—he came to me, and asked if I knew anything about it, and I happened to tell him the truth—I did not tell him the man was most shamefully used, nor any words to that effect. WILLIAM MARTIN re-examined. She said it was a most shameful thing the man should be treated in the manner he was, and very proper they should be taken, but she hoped she should not be a witness in the case. SARAH MANNING re-examined. It is false—I did not say that, nor any part of it. MR. SIMON to WILLIAM MARTIN. Q. Did you go to her to inquire what she knew of the matter? A. I did; and she told me the words I have made use of—she said, he was down in the gutter, that his pockets were cut off, that he was used in a most shameful manner, and she washed his face—she did not say she had not seen the transaction—she did not tell me that he said, it was all right; and that Middleton had gone out and helped him—I do not know a man named Middleton in the house. MR. HORRY. Q. How was it you never mentioned this to anybody before? You were sent there to inquire of her—A. I was not sent—I went there because I heard she knew something about it—I did not have her as a witness, because I understood she did not see the transaction; merely went up afterwards. COURT. Q. She told you she did not see the transaction? A. Yes—she described his condition as that of a man who had recently received violence, and that his pockets were cut off. (—Humphreys, the prisoner's father, gave him a good character; but admitted he had been in custody before, on two occasions; James Adlard, butcher, Whitechapel-road; and Henry Brooks, butcher, Henry-street, Hampstead-road, gave Hall a good character.) SMITH— GUILTY . Aged 25.* HALL— GUILTY . Aged 21.* HUMPHREYS — GUILTY . Aged 20.* CARROLL— GUILTY . Aged 18. Transported for Fifteen Years.