James Winn

Level 346

Maureen Withey on 11th March 2026

Absconded. 2. Winn James, Albion, Servant, 27. London, 5feet 2 ¼ , hazle to grey eyes, brown to sandy hair, fair ruddy freckled comp. from Service of Robt Lethbridge, Esq. Prospect. Sydney Gazette, 24 March 1827.

Level 346

Maureen Withey on 8th March 2026

Tried at the Old Bailey, 11 May 1826. 1001. JAMES WINN was indicted for stealing, on the 15th of April , 1 pocket-book, value 1s., and 1 pencil case, value 5s., the goods of William Barton , from his person . CAPTAIN WILLIAM BARTON. On Saturday evening, the 15th of April, I was at the Opera. I was sitting in the pit, about half way down on the left hand side of the railing, near the boxes - there was only the railing between me and the passage - I was attending to the ballet and felt something at my left hand coat pocket, which was close to the railing; I turned round, and saw the prisoner close to the rails; I put my hand to my pocket and found my pocket book still there; I was talking to Sir Thomas Croft , who was sitting on the bench before me - very shortly afterwards I felt something again at my pocket; I put my hand to my pocket and exclaimed "I have lost my pocket book;" Sir Thomas Croft heard it; I saw the prisoner next me, and I said to Mr. Littledale, a friend of mine, to whom I had been talking, "Look into that hat, (meaning the prisoner's) I am sure my pocket-book is in it;" I fancied I had seen his hand go from my pocket to his hat; I had distinctly seen something put into it; he had then moved about half a yard or a yard from where I had first seen him - he heard what I said; I got over the ballustrade, and Sir Thomas Croft said to the prisoner "Allow me, Sir, to look into that hat," seizing it at the same time, and I picked up my pocket-book close by where the prisoner was standing - there was a pencil case in it, but no money - I was sitting quite still when I felt, first, one snatch at my pocket, and then another - it was not possible for the book to have fallen from my pocket in the situation in which I found it - Sir Thomas Croft took the prisoner, and he was taken into custody. Cross-examined by Mr. ADOLPHUS. Q. Was the house full? A. Yes; very full, and the passages were crowded as much as the seats - when the ballet is on the stage the people press upwards rather, and then the ballustrades are the only things that were between us - when the people are straining to see the ballet, it makes some impression on those who have seats; I believe every alternate seat has a back to it; I was about half way down; the pressure I felt the first time might have been from the crowd - the prisoner had the same pressure as others - he moved from his place - my book was in the pocket next the crowd; I made no observation the first time, but the second time I exclaimed "Good God, I have lost my pocket book;" the music was playing and the ballet was going on - the prisoner might not have heard me - he had his hat before him, and I saw something put into it - he was then parallel with me; I do not know whether there was any thing in his hat or not - he denied any knowledge of it. COURT. Q. The rails do not extend all the way down? A. No; but there was a rail where I was sitting; I was close to the rail, but I cannot say whether my coat pocket was outside the rail or not; I had seen the prisoner standing there about five minutes. JURY. Q. Did he attempt to make off, or did he keep his ground? A. When I saw him the second time he had removed about a yard. SIR THOMAS ELMESLEY CROFT, BART. I am acquainted with the prosecutor - I was formerly in the same regiment with him; I was sitting on the left hand side of the pit on the night in question - at that part which is ballustraded; I was looking at the ballet when I heard Captain Barton say "Good God, I have lost my pocket book, look into that hat;" I was sitting on the corner of the seat before him; I knew the gentleman before me, I therefore saw there was no one to whom he could allude but the prisoner; I seized his hat as he was standing with his back to the boxes, and said "Allow me to look at that hat," and, without waiting for any reply, I took hold of it as he was holding it against him; he turned pale, and, as I took hold of it, I saw him shuffle this pocket-book out of the hat with his right hand, and it dropped at his feet; I took hold of him by the collar - he made no resistance; I gave him to the officer; Captain Barton took up the book. Cross-examined by Mr. PHILLIPS. Q. Did you see the book in his hand? A. I saw it shuffling out of his hat and he touched it, but I did not see it in his hand; I do not know whether there was a handkerchief in his hat, - I did not look into the hat, but I saw the book fall - there were many persons close to him, but I should think they were too much engaged looking at the ballet to notice him if he had taken the book from the pocket - no person said that they had seen him do any thing - this was during the dancing. JOHN WEALE . I am an officer. I was on duty at the Opera house - the prisoner was given into my charge in the lobby; I searched him and found on him a gold watch and seals, two pocket handkerchiefs, and a purse with two sovereigns in one pocket, and in the other was some direction of a hair-dresser.(Property produced and sworn to). Prisoner's Defence. I am entirely innocent of it - some person might have put it into my hat - my handkerchief was in it, and, in the pressure, my hat was doubled, which all persons who go there know to be the case; I never touched the garment of Captain Barton - if any person can say I did I will not say another word; if you find me guilty you will deprive a wife and three children of a husband and a father; I have heard of persons having things slipped into their pockets - there is no proof that I robbed him; I had my gloves on at the time; I do not mean to say the pocket-book could not have been put into my hat; I might have pulled out my handkerchief, and this little book might have fallen in. JURY to SIR THOMAS EDMESLEY CROFT. Q. When you took the hat from him, was there any reluctance on his part to your having it? A. Yes; there was at first - he was holding it close against him with his two hands; when I took hold of his hat he partly quitted his hold of it. Prisoner. Q. If any person wished to pass you, would not you have kept your hat up as closely as possible to let them? A. Yes; I should, but there was no one passing you at that time. COURT. Q. Was there room for any other person to have passed? A. Yes; plenty of room; I swear I saw the book drop from the prisoner's hat. GUILTY . Aged 30. Transported for Life .