- 548. AUGUSTUS SCHMIDT and ROBERT BOYALL , unlawfully stealing several petitions and schedules, belonging to the Court for the Relief of Insolvent Debtors.
MESSRS. CLARKSON and LAW conducted the Prosecution.
ANN LAMBERT . I am the daughter of Richard Lambert, the housekeeper of the Insolvent Debtors' Court—I reside there. On 8th Dec, between three and four o'clock, I was going up-stairs—I saw the prisoner Schmidt on the garret-stairs, and in the middle of the stairs I met Boyall, both coming down fast—there are from twenty to twenty-four stairs—no one had business there but our family—I went on to the top of the landing, and found the press open, in which were pigeon-holes, containing schedules, which I had seen safe at twelve o'clock—two holes were empty—it is quite at the top of the bouse—round the corner of the stairs, a very short distance from where I met the prisoners, I found a blue bag—next day I saw Schmidt at the Mansion-house—there were a number of persons in the room—I pointed him out—he was walking in the hall—I knew him directly—I recognised Boyall in the room at Bow-street-office.
Cross-examined by MR. PARRY. Q. Are the presses open? A. No—it is not likely that the key was left in them—I am sure I saw them at twelve o'clock, because I had to do work there—I am not positive whether the key was there—there is no warning that this is a private staircase; it leads from the public one—I have had occasion once or twice to tell people that they have no right there.
RICHARD LAMBERT . I am housekeeper of the Insolvent Debtors Court. In consequence of information from my daughter, on 8th Dec, I went up stairs—I found the lower part of the press open, and papers and parchments had been abstracted from it, and were in this blue bag—these are them—no stranger has any business with these presses, or up the stairs leading to my apartments—an officer occasionally comes up for the purpose of taking papers out, but no one else—I am responsible for their safe custody—the staircase is four stories high.
Cross-examined. Q. How many persons have keys? A. I have one, but I have no occasion to go to the presses—I consider that I have the charge of the whole building—there are only two staircases—only one leads to the top—the messengers go to the press, and fetch what schedule it wanted—I believe the clerks do not go—when creditors come to search documents a messenger is sent for them.
JOHN CHAMBERLAIN . I am one of the messengers of the Insolvent Debtors' Court. I produce this blue bag, it was given me by Mr. Lambert—here are thirty-nine parchments in it, they are worth more than 1s. each.
WILLIAM ALGERNON EBBLEWHITE . I am one of the messengers of the Court. I received this bag from Chamberlain on 8th Dec.—I replaced the parchments in the press—I took their numbers—they are the same now produced; they are records of the Insolvent Debtors' Court
THOMAS HARMAN . I am employed in the Insolvent Debtors' Court. I know Schmidt by sight—I saw him a few days before 8th Dec., on the stairs leading to the presses—I asked him what he wanted—he said he wanted the Court—I told him he was out of the way, I took him down to the basement, and told him to go along and turn to the right.
JOHN PARK (police-sergeant, E 14). I took Schmidt and Robertson on 27th Dec.—they were taken to the Mansion-house, and were discharged—Ann Lambert was there, and identified Schmidt—when he was taken, Boyall was with him—it was about eleven o'clock at night, in the Strand—I did not know Boyall at that time—he said Schmidt should not go to the station—I explained to Schmidt what he was wanted for, and put him in a cab—Boyall said he would take a cab and follow him—I afterwards saw Boyall go to his own residence, 5, Red Lion-passage—I went and rang the bell, asked for Boyall, and he was denied—the landlord came, and I was admitted—I found Boyall in the house a long time after; I believe he came out of the second floor bed-room—I followed him into his own room, the attic—I said, "Your name is Boyall?"—he said, "Yes, old fellow, I am the man you are looking for"—I said, "You are Boyall, the late turnkey of Newgate?"—I then took; him out of the room—he said, "This all arises from that d—d scoundrel Robertson, he is the head of all this"—in taking Schmidt from the Mansion-house to Bow-street, he said, "If that woman saw me on the staircase, she did not see me put the parchments into the bag"—I went to Schmidt's lodging, 27, Gloucester-street, Queen-square, and in the fire-place found a great quantity of embers of papers—when I took Boyall, he asked me if I went to Schmidt's house; I said, "Yes, but some one had been there before me; it might have been you"—he said, "Well, I have got a letter," and produced
this letter to me—I said, "How came you in possession of it?"—he said, "I don't know, it might have hopped out of the window to me."
MARY ANN DAWSON . I live at 27, Gloucester-street, Queen-square—Schmidt was a lodger of mine. On the night of 27th Dec, Boyall came to my house, about half-past eleven o'clock, and asked me to let him wait for Schmidt in his room, as he must see him that night—the fire was laid in Schmidt's room—I gave Boyall a light, and he lit it—next morning, when the officer came, I went into the room with him—I found paper embers in the grate, more than were put in to light it—Boyall has frequently called on Schmidt.
(James Anderton, Esq., of New Bridge-street, solicitor, deposed to Boyall's good character.)
*SCHMIDT— GUILTY . Aged 25.— Transported for Seven Years.
BOYALL— GUILTY . Aged 38.— Confined Six Months.
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Australian Convict Ship Project
Abt 1824 - Yes, date unknown
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