- Trial transcript from the Old Bailey:
GEORGE DAVIS, MARGARET M'CARTHY , and ANN WOOD , for a robbery upon John Byland, and stealing 1 watch, and other, articles, value 5l.; and 3 shillings; his property; and, before the said robbery, beating and striking him: Davis having been before convicted.
MR. CAARTEEN conducted the Prosecution.
JOHN BYLAND . I am a journeyman dyer—I live in Long-alley, Shoreditch. Between one and two o'clock on Saturday morning, 24th Feb., I was coming towards home—I had been drinking but very little; I knew what I was about—I met the two female prisoners in Whitechapel, went with them to a public-house, and had something there; and while we were there Davis and another man came in—they knew the females, and they had something to drink—I remained there two or three minutes, and then left with the females—Davis and his companion stopped a little while behind—they then followed us, I saw them walking behind us—when we came to George-street Davis gave me a blow on the right side of the head, which knocked me down—when I fell, the two girls held my hands, and Davis got on my chest with oil knees—I had a watch in a small watch-pocket in my waistcoat, a guard round my neck, and a small metal watch-key, which I used to carry in my pocket with my money—I had 4s. in money—while I was down, M'Carthy unbuttoned my waistcoat and coat, passed the watch-guard over my head, took my watch out of my pocket, and passed it to Wood—I called out, and struggled, and Davis said, "Let us murder the b—"—I got away, and met the policeman within two minutes—I told him What had happened, and returned with him to George-street—we saw M'Carthy against the door where it happened—I said, "That is one of the females"—we went up to her, and Davis was close by her—he said she was a respectable woman, and had been in his company all the evening—I told the policeman that I knew he was the man that knocked me down—I knew him by a scar on his cheek—he said he was not the man—I gave him in charge.
Cross-examined by MR. PAYNE. Q. Were you perfectly sober? A. I was; I had had but two pints of ale the whole day—I had been to see a friend who was ill over at Lambeth—I staid there till past twelve o'clock—I came over London-bridge—I was not wandering about the streets—I was coming to Whitechapel—I have been married; I am not now—I had gone
with the two females to treat them, and then they happened to be walking my way down George-street, into Commercial-street—I walked outside them, not between them—McCarthy was standing at the door of a house when I returned, and I said she was one of the women, then Davis came up, and I said that was the man—I told the policeman I should know him from a thousand, by a scar on his right cheek—I gave him in charge, and then I saw the scar—I did not know either of the prisoners before, yet I positively swear to them—Davis first said he had been with M'Carthy all the evening, and she was respectable; and then he said he had been asleep in a coffee-house till a quarter past two, and that he had been to buy some tobacco—he said I must be mistaken, for she was in his company a few minutes before—there was nothing found on him—I am sure Wood had the watch.
McCarthy. Q. Had I a bonnet and shawl on when I was at the door? A. No, you had not—I do not know the sign of the public-house we went into in Whitechapel
Wood. You know there was no one but you and I that went into the public-house; we came out, and in Thrawl-street you stood talking with me; the policeman came, and said to you, "You don't know what you are doing," and you walked away towards Whitechapel; I left you in Brick-lane. Witness. I took you and M'Carthy into the public-house, and I left it with you and her—I did not leave you in Brick-lane—Long-alley is down Commercial-street—one of Davis's statements was that he had been asleep in a coffee-house till past two o'clock.
WILLIAM KING (policeman, A 416.) On Saturday morning, 24th Feb., I met the prosecutor at the corner of Wentworth-street, in consequence of what he said to me we went to George-street; we saw M'Carthy—he said, "This is one of the parties that has been robbing me"—I took her into custody, and while doing so, Davis came and said to the prosecutor, "You must be mistaken in this female, she has been in my company till within these few minutes"—the prosecutor then said, "This is one of the men who assisted in robbing me"—he had not before that given me any description of Davis but he then said there were two men, and one of the men had got a scar on his cheek, and after I got away to the light, I found Davis had got a scar on his cheek—the prosecutor had been drinking, but he knew what he was about; he talked reasonably.
Cross-examined. Q. You saw he had been drinking? A. Yes; I have been over to the other side of the water; I do not know what business a man has in Whitechapel to go from Lambeth to Long Alley—it may be a mile out of his way—M'Carthy was standing openly at a door—I had not seen her there before.
M'Carthy. Q. Was there not an officer who came and said I could not he the woman? A. He said he had seen you at your door; his name was Frost—he is now dismissed from the service.
SAMUEL GRBEN (policeman, H 61). I took Wood into custody in a room which she occupies in Keate-street, Spitalfields—I found this common watch-key in a pail of dirty suds in the room—I took her between one and two o'clock in the morning, within half an hour or three-quarters of an hour of the robbery.
Wood. Q. You saw me with the prosecutor; were either of these prisoners with me then? A. No; the prosecutor called me by name, and I told him he had better go home—you went up Brick-lane with him to get some more drink, and in ten minutes, or a quarter of an hour, I heard of the robbery, and went after you—Davis said he had been to the coffee-house—I went there,
and found he had been there, and had gone out to buy some tobacco about a quarter-past one o'clock.
JOHN BYLAND re-examined. This is the key I lost—it is a miscast, and has a mark on it—I am certain of it; M'Carthy had a bonnet and shawl on when she was with me.
The prisoner Wood's statement before the Magistrate was read as follows: " The key the policeman found in my room has been there ever since I occupied the room; I was in the man's company, and drank with him in a public-house; there were only our two selves there; he treated the waiter to a glass of ale; he left with me, and was going home with me; he was going down the street, and then he said he would not go home, but if I liked to hare any more to drink I might."
M'Carthy's Defence. I was standing at my own door, between one and two o'clock, and the officer came and took me.
WILLIAM KINO re-examined. M'Carthy had no bonnet and shawl on at the door—it was not so light at the place where I took Davis that the prosecutor could see the scar in his face—there was not light enough to see it till I brought him to the gas lamp Witness for the Defence.
WILLIAM THOMPSON . I was at the Britannia coffee-house, and saw Davis come in, about five minutes past eleven, and about a quarter-past two, be went out to buy some tobacco; he did not come back again; he got into custody; he was not out before he went to get the tobacco.
cross-examined by MR. CAARTEEN. Q. What are you? A. A journeyman carpenter and joiner—I have worked for Mr. Burton, in Finsbury-square, for four months—I know the prisoner by seeing him in the coffee-house several times—there was another young man sitting in the next box to when I was; I cannot say who he was; there was only the waiter there that I know of the whole evening—the waiter has been here several days; he is not here to-day—I noticed the time when Davis came in, and it was a quarterp-ast two o'clock when he went out—the waiter came and awoke him up, and asked him for a pipe of tobacco—he said he had none, he would go and get some—I had no object in noticing the time—I do not notice the time when every one comes in.
COURT. Q. What was he doing in the coffee-house? A. He came in there and had a cup of coffee, and as soon as he had had it he fell asleep—I am not aware that the waiter said it was a quarter-past one o'clock when he left.
SAMUEL OREEN re-examined. I went to the waiter at the coffee-shop about half-past two—the waiter said he went out at a quarter-past one—the coffee-shop is about three hundred yards from George-street.
WILLIAM KINO re-examined. Not two minutes elapsed from the time of the robbery to my taking M'Carthy into custody.
DANIEL SUGGS (police-sergeant, H 17). I produce a certificate of Davis's former conviction at Clerkenwell—read—"Convicted May, 1842, and confined six months, six weeks of the time solitary"—he is the man.
DAVIS— GUILTY . Aged 28.
M'CARTHY— GUILTY . Aged 20.
WOOD— GUILTY . Aged 24
Transported for Seven Years.
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Australian Convict Ship Project
Abt 1820 - Yes, date unknown
