- Transcript from The Old Bailey:
JOHN SMITH and EDWARD MARTIN , stealing 1 handkerchief, value 1s.; the goods of Charles Cowdery, from his person-, both havingbeen before convicted.
MR. HORRY conducted the Prosecution.
CHARLES COWDERY . I manage the business of the Rose and Crown public house, in Clare-court, Drury-lane. On the night of 8th June, aboutten o'clock, I saw the prisoners together in our concert room—I had seenthem before; I followed them in and watched them about an hour, and then sat down by the side of Smith—Beacon said that Smith had taken a handkerchiefout of my pocket and passed it to Martin, who threw it under thetable—I went for a policeman, and gave Smith in custody—Martin wentaway—this is my handkerchief (produced)—I had had it in my hand not twominutes before—I did not drop it.
Smith. I had paid for nine glasses of gin-and-water, some porter andstout, and spent 6s. 6d. there; I was very drunk, and if I did it it was quiteunknown to me.
Witness. He was not at all intoxicated.
Cross-examined by MR. PLATT. Q. Did you see the prisoners when theyfirst came in? A. Yes; with two others—they took four tickets to go intogether—the admission to the room is free, but they take a refreshmentticket tor 3d., for which they have the full value in drink—there is musicgoing on there—the handkerchief was in my left hand coat-pocket—I satdown on the end of the seat next to Smith, to listen to a song—my pocketwas close to his left hand—Martin was on the opposite side of the table, which is very narrow, so that any one could reach over it—I had not been on
the seat two minutes when my pocket was picked—I have never been in anytrouble myself.
WILLIAM BEACON . I live in Portsmouth-street, Lincoln's-inn, and am asaddle-tree maker. About half-past eleven o'clock on the night of 8th June I was in the Rose and Crown concert-room, and saw the prisoners therefrom about ten o'clock—there were four in company, and were sitting oppositeone another at a table about eighteen inches wide—I saw Cowdery comein and sit down by the side of Smith, who put his hand into his pockety; andtook out a handkerchief—I saw the handkerchief in his hand—I tried tocatch hold of him—he passed it to Martin, and then I tried to lay hold of Martin, and he threw it under the table—I told Cowdery what had happened, picked up the handkerchief, and afterwards gave it to the policeman—whenthe policeman had Smith in custody, Martin went away—the other two saidthey would smash anybody's face who interfered—I knew them by sight, butnever saw them there before.
Cross-examined. Q. Did you distinctly see Smith put his hand into Cowderj's pocket? A. Yes; I was close by him—Martin was opposite him, about eighteen inches off—Smith's hat was on the seat, and when Cowderysat down, Smith removed the hat, and put his hand into his pocket, and passedthe handkerchief under the table—I got hold of it and Martin too—I stoopeddown and tried to get it, but could not, for Martin had hold of it—I was onthe same side as Smith—Martin had the handkerchief in his hand when I laidhold of his arm—he then threw it on the ground.
RICHARD WEBB . I live at 8, Dean-street. I—was at the Rose and Crown Concert-room, and saw the prisoners there in company with two more—Isaw Smith take the handkerchief from Cowdery's left-hand pocket, and passit under the table—Martin was sitting opposite—Beacon afterwards pickedup the handkerchief.
JOHN BACHELOR (policeman, F 37.) I was called to the Rose and Crown—Beacon there gave me this handkerchief, and Smith was given into custody—he said he was innocent, and worked hard for his living—he was not at allintoxicated—I saw Martin on the way to the station, but did not then knowhe was wanted.
Cross-examined. Q. Nobody bad accused Martin of anything? A. Notat that time—he followed behind us—I stayed in the house about two minutesand a half, another constable helped me take Smith—the landlord and waiterwent to the station with us.
HENRY ATTWOOD (policeman, F 152.) About half-past three o'clock, onthe morning of 9th June, I went to Short's-gardens, and found Martin there—I told him I wanted him on supicion of stealing a handkerchief at the Roseand Croun—he said he knew nothing of it.
Cross-examined. Q. You knew where he lived and found him in bed?A. Yes.
JAMES CROSS (policeman, E 54.) I was present at Smith's conviction, at Clerkenwcll, on 14th March, in the name of Sullivan—I produce the certificate—(read—Convicted March, 1848, and confined two months)—he is thesame person.
HENRY BAGNALL . I was a police-constable—I was present when Martinwas convicted in 1839—this is the certificate—(read—Convicted Nov. 1839, and transported for seven years)—he is the same person.
SMITH— GUILTY . Aged 22.
MARTIN— GUILTY . Aged 36.
Transported for Ten Years.
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Australian Convict Ship Project
Abt 1826 - Yes, date unknown
