- There appears to be two charges relating to Richard Haynes, Robert Haynes and Willian Simmons.
1st Trial:
RICHARD HAYNES, ROBERT HAYNES , and WILLIAM SIMMONS , stealing 1 iron shaft, value 5l.; the goods of John Brogden.
JAMES HARGREAVES . I am foreman to John Brogden. A viaduct isbeing constructed at Deptford—this shaft was there—it was new but threeyears since, and had been but little used—it is worth from 5l. to 6l.—threemen could not lift it—this collar goes on one end of it—I found it in an iron-shopat Bankside—I had not seen it for six or seven months before.
WILLIAM M'CLARTHY . This iron shaft was brought in a van to my employers,
Messrs. Winter and Rix, of Bankide, on 27th May, by a mannamed Marshall—there was another man with him, but not either of theprisoners.
RICHARD WILLIAM KEY (policeman, R 339.) On 8th June I took Richard Havnes, at Rotherhithe—I told him it was about some iron—hesaid he knew nothing about it.
JOSEPH TARGETT . On 25th May I saw the three prisoners loading a cartwith this shaft in Rolt-street, Deptford—they asked me to lend them a hand—I did so—the two Haynes', gave me part of a pot of beer—Simmonsremained with the cart, nnd drove off.
Richard Haynes. Q. Was there not another man? A. I did not seeany other.
Robert Haynes. Q. You said that a man with red whiskers and a backcoat went with us, and had some beer? A. I did not notice any other.
Simmons. A man who hired me stood by the cart.
CORNELIUS RIORDEN . On 25th May I was in Rolt-street, Deptford, andsaw a horse and cart under the road arch—Simmons and Richard Hayneswere there, and a young man with red hair and a black coat—"Mary Croxon, Deptford," was on the cart—I went home to dinner, came back about twoo'clock, and saw the cart under the arch—Simmons was leading the horse—the two Havnes' were walking direct from the cart—the man with carrotyhair was in the cart—I did not see the shaft in it.
Robert Haynes. I wish Strutt, who first bought the iron, to be broughthere; he was before the Magistrate; the iron was sold a second time to theperson who is here now; Strutt bought it of a man in a black coat; Simmonswas employed, being a carman.
Simmons. The man who hired the cart of my master, Mr. Christie, worea black coat; my master borrowed the cart of Croxon, his own cart beingbroken; my master came to the station and applied for the cart, and promissedme he would be here on the trial.
NOT GUILTY .
2nd Trial:
RICHARD HAYNES, ROBERT HAYNES , and WILLIAM SIMMONS , were again indicted for stealing 8 iron rails, value 3l.; thegoods of John Brogden; Robert Haynes having been before convicted.
MR. RYLAND conducted the Prosecution.
AMOS CLARKSON . I am foreman to John Brogden, contractor for somerailway work at Deptford. On 29th May I missed five rails, which I saw safewhen I took stock about a month before—Key sowed me some rails the sameday—I judged them to be Mr. Brogden's, because there were holes in them toput the njils in, and by their being daubed with mortar—they were worthabout 3l.—I do not know the prisoners—I had not employed them toremove thorn.
JAMES HARGREAVES . I am one of Mr. Brogden's foremen. I saw therails at the station, and believe them to be Mr. Brogden's—they are likethose that remain—I have satisfied myself that they were originally laiddown there.
CORNELIUS RIORDEN . I am labourer. On 27th May, about half-pastfour o'clock, I was in Rolt-street, Deptford, under the railway arch—Sinmonsbacked a cart under the arch—I knew him, having seen him on the Thursday before—I could not see what was done with the cart, but I saw itagain in Rolt-street—Garrett had stopped it, and was questioning Simmons—therewere rails in it—Simmons said he was hired bv two men, who were to
give him 5s. to take it to the Blackfriars-road—Richard Haynes was thenbout 150 yards down Rolt-street—Simmons pointed that way—I do notknow whether he pointed to Haynes or not.
WILLIAM GARRETT . I am a labourer, at Deptford. On 27th May I wasin Rolt-street, and saw Simmons with a cart against the railway—he movedseren or eight arches up, and then backed it under the arch—I had seen Richard Haynes and another man, who I believe was Robert Haynes, aboutfire minutes before, standing at the corner of Rolt-street, close by the railway—they went after the cart, under the railway arch, and Richard stoopeddown three or four times—I cannot say whether he was picking anything up—the cart stood there seven or eight minutes—Simmons then brought it out, and the other two men went away down the railway—I stopped the cart—ithad seven or eight rails in it, the same as those used on the railway—I asked Simmons where he was going to take them—he said to Blackfriars-road, and two men had employed him—he pointed to Richard and the other man—I went after them, and found Richard—I told him the cart was broken down, and his mate wanted him—he asked what mate—I said that man that waswith him under the railway—he went a little way with me, and then wentaway in a different direction.
HENRY BROOKS . I live at Deptford. On 27th May I was passing Rolt-street, about half-past four o'clock—I saw a horse and cart standing under theroad-arch—the three prisoners were with it—they turned down by the side ofthe railway, went seven or eight arches off, and backed the cart under therailway-arch—they remained seven or eight minutes—the cartthen came out, and was stopped by Garrett—there were iron rails in it.
SAMUEL CHRISTIE . I am a corn-chandler at Park-road, New Peckham, and keep a horse and cart—Simmons has been in my employ—I have frequentlylent him a horse and cart—I gave him the order to get my father'shorse and cart on the Friday—he did not get it till the Saturday—he owedme some money, and said if I let hhn have the horse and cart he wouldpay me what he owed me, that he wanted to carry some chimney-piecesfrom Martin's-lane to Camberwell—I bad lent him a cart on the Thursdayfor the same purpose—I did not know it was to take rails—on the Saturdaynight the policeman told me my cart was stopped, and sent to the Green-yard.
RICHARD WILLIAM KEY (policeman, R 339.) I found Simmons andthe horse and cart with eight bars of iron in it, stopped by Garrett, on Saturdayafternoon, May 27th: I asked Simmons who authorized him to have them—he said two men, and he was to have 5s. to take them to Blackfriars-road—I sent Garrett there—on 8th June I apprehended Richard Haynes, at Rotherhithe—he said he knew nothing about it.
Simmons. I described the two men that employed me; these two mendo not answer the description.
ROBERT BRANFORD (police-sergeant, M 12.) I took Robert Haynes, on 9th June—he said he knew nothing about it—I was present when theprisoners were examined—they said something which was taken down andread over—Mr. Jeremy signed it—this is his writing—(read—"Simmons says, 'The men who were with me are not these men my fellow prisoners; one was acarrotty—headed man, the other dressed as a navigator.'"
Richard Haynes. I was not there; I had nothing to do with loading theiron.
Robert Haynes. They said there was a man of my size, but they did notswear I was there.
Simmons. These men were not with me; I sold things with the horseand cart; I had it every week.
ROBERT BRANFORD re-examined. I produce a certificate of Robert Haynes' conviction at this Court—(read—Convicted 4th June, 1847, for stealing on, having been before convicted—confined six months)—he is the man.
(Mary Ann Smith, of Crosby-row, Peckham, gave Simmons a good character.)
RICHARD HAYNES— GUILTY . Aged 30.
ROBERT HAYNES *— GUILTY . Aged 26.
SIMMONS †— GUILTY . Aged 20.
Transported for Seven Years.
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