George Smithers

135

C H on 27th March 2024

Old Bailey Online THOMAS JACKSON. GEORGE SMITHERS. Theft; burglary. 3rd April 1837 Text type Trial account Defendants THOMAS JACKSON, GEORGE SMITHERS Offences Theft > Burglary Session Date 3rd April 1837 Reference Number t18370403-954 Verdicts Guilty > Lesser offence, Guilty > Lesser offence Punishments Transportation 954. THOMAS JACKSON and GEORGE SMITHERS were indicted for burglariously breaking and entering the dwelling-house of John Benjamin Heath and others, about the hour of two o'clock in the night of the 1st of March, at St. Olave, Jewry, with intent to steal, and stealing therein 33 ounces of silver, value 9l.; 22 franc pieces, value 33s. 4d.; 2 sovereigns, 3 half-sovereigns, 11 half-crowns, 26 eixpences, 3 penny pieces, 11 halfpence, 10 25s. stamps, 8 15s. stamps, 24 12s. 6d. stamps, 6 8s. 6d. stamps, 15 6s. stamps, 6 5s. stamps, and 21 4s. 6d. stamps; their property. MESSRS. ADOLPHUS and BODKIN conducted the Prosecution. WILLIAM NEEDLE . I am a clerk in the firm of John Benjamin Heath and two others, at No. 31, Old Jewry, in the parish of St. Olave, Jewry—neither of the partners live in the house—I reside there with my family, by the permission of the firm, in the upper apartments—on Thursday morning, the 2nd of March, about half past two o'clock, I was awoke by a nurse who was attending my wife—I got up, took a light, and went down stairs—I had heard the watchman call the hour of two a few minutes before—I went down stairs and searched two rooms, where I found nothing—I then went into a back room on the second floor—it is a small anteroom—the window of that room was up as far as it could be lifted—I had particularly observed that window the night before, at eleven o'clock, when I went to bed—it was then shut close down, and a wash-hand-stand stood in the recess of that window—I found that removed—a person might obtain access at that window, by climbing to a great height over the roofs of warehouses at the back—I supposed from that, there must be some persons in the house—I was going down stairs to ascertain that, and heard the sound of footsteps going down stairs, as from the counting-house, which is on the first floor—I followed the sound of the steps to the ground-floor, and found the Prisoner Jackson on the mat near the street door, inside the passage—I had a stick in my hand, and threatened if he moved to knock him on the head with it—he requested me to let him go—I did not lay hold of him—he then said, "There is another man up stairs"—I had, before I came down, alarmed the inmates of the house—Bradstock the porter lived in the house, and I told them to call him—he came, and we secured Jackson—I gave him into Bradstock's custody, and proceeded to open the door, and let in the officers—while I was unbolting the door, Bradstock called out to me that Jackson was getting away—I went back, and forced him ad Bradstock into a small room near the staircase—I then let in the officers, and went up stairs with Bradstock and Cheney, and we found Smithers crouched underneath the desk in the counting-house—Cheney took charge of him—I found five of the desks in the counting-house had been forced open—a great number of papers were strewed about the floor, and I found a small crow-bar and a dark-lantern under the desk where Smithers was taken. Cross-examined by MR. CLARKSON. Q. Is any part of the house occupied as a warehouse? A. The warehouses are at the back—the front is all occupied by the counting-house, and rooms used at dwelling-rooms—there is no access to the warehouses and counting-house in the night, without coming into the dwelling-house—parties connected with the premises might have access in the day-time—they must go through the dwelling-house to get from the warehouses to the counting-house—the warehouses are immediately behind the house, and to come to the counting-house, you must come up the staircase of the dwelling-house—I occupy the dwelling-house, rent free, as the servant of the firm—the house is the freehold property of Mr. Heath, but it is occupied as the premises of Heath and Co.—none of the partners have slept there since I have lived there. Q. How many persons were in the house on the night this took place? A. Myself, my wife, the nurse, the porter, and two female servants—my wife had only been confined three or four days before—the nurse was titling up with her—she slept in the front room, third floor—they were all gone to bed before me, except the nurse. MR. BODKIN. Q. Would the nurse have any business to go into the room you have spoken of? A. Certainly not—there was nothing for her to go there for. JOHN BENJAMIN HEATH . I am one of the firm of Heath, Furze, and Co.—this house is my freehold property—it is occupied by the firm, and they pay rent for it—they have not a lease—according to the articles of partnership, they allow me 350l. a year for it—Needle is our clerk, and lives in the house as such, by permission of the firm. Cross-examined. Q. Do the firm pay you rent for the whole premises, or only for the warehouses and offices? A. They pay me rent for the whole of the premises. WILLIAM HOLLINGTON . I am a watchman. I was on duty in OldJewry, on the 2nd of March, about half-past two o'clock in the morning—I was alarmed, and went to No. 31—when I got in front of the house, I saw a man shove up a front window over the door on the first floor, and get out on the ledge—I cannot swear to him—I sprang my rattle, and he went into the house again—the door was opened in a short time—I went in, and found Mr. Needle there, and Jackson, who I took into custody—I saw Smithers brought down stairs afterwards. JOHN THOMAS . On the night of the 2nd of March, I was acting at Coleman-street watchhouse, as constable of the night—the prisoners were brought there by Hollington—I searched Jackson, and found on him a half-sovereign, three half-crowns, eleven shillings, four sixpences, and threepence in copper, and I found these stamps at the back of his feet, lying close behind him, as if they had been dropped—they are stamps of different value, engraved for bills of exchange, and in the margin is "Heath, Son, and Furze." GEORGE CHENEY . I am superintendant of the watch, of Cheap ward. In consequence of an alarm, on the 2nd of March, I went to No. 31, Old Jewry—I went up stairs with Mr. Needle, and took Smithers into custody—I took him to the watchhouse, searched him, and found on him a lifepreserver, a chisel, a screw-driver, a gimlet, seven skeleton keys, some lucifer matches and sand paper, some assays of silver, two sovereigns, two half-sovereigns, two twenty-franc pieces in gold, eight half-crowns, fifteen shillings, two sixpences, amd sevenpence-halfpenny—this lantern and crow-bar were given to me, next morning, by Mr. Needle—the assays were done up in this brown paper. HENRY BEVAN . I am a clerk in the prosecutor's employ—they keep a silk warehouse. I have a desk in the counting-house, which I left locked when I went away, on Wednesday night, the 1st of March—I left a bag containing 7l. in sovereigns and half-sovereigns, three twenty-fane gold pieces, and 30s. in silver—when I came to business in the morning, I found the desk forced open, and that property taken away—these assays vert in a drawer, in a book-case—my handwriting is on the papers—assays are pieces of silver taken from the ingot to ascertain the quality—these nine stamps are the property of the firm, I have not a doubt, and the assays also—I had seen them about shortly before—the firm are general merchants—the money in the desk was theirs. (John Evans, bricklayer, Kennington-road; and George Small, cabinet-maker, Duke's-head-passage, Kennington-lane, gave the prisoner Smithers a good character.) JACKSON— GUILTY. Aged 36. SMITHERS— GUILTY of stealing in the dwelling-house, but not of breaking and entering. . Aged 34. Transported for Life.