| Name |
Thomas HARDY |
| Birth |
Abt 1821 |
| Gender |
Male |
| Conviction |
Jun 1839 |
Old Bailey, Central Criminal Court, London, England, United Kingdom  |
| Unknown Crime and Sentenced to 7 Years Transportation |
| Conviction |
21 Oct 1850 |
Old Bailey, Central Criminal Court, London, England, United Kingdom |
| House Breaking and Sentenced to 10 Years Transportation |
- Trial Transcript from The Old Bailey:
EDWIN SMITH and THOMAS HARDY , breaking and entering the dwelling-house of Mary Higgins, and stealing 4 coats, 1 pair of trowsers, 2 waistcoats, and 1 telescope, value 4l. 1s.; the goods of James Bull: 1 coat, 1 pair of trowsers, 2 waistcoats, and 1 handkerchief, 1l. 1s. 6d.; the goods of Edwin Bull; both having been before convicted.
MR. CAARTEEN conducted the Prosecution.
MARY HIGGINS . I am a widow, and live at 8, Oswell-place, Kennington-lane. On Wednesday, 16th Oct., I left the house about eight or nine o'clock in the morning; Mrs. Bull and her two sons, James and Edwin, live there—I left no one in the house—I returned on the Thursday morning, at ten—Mrs. Bull had given me the key, and I found the door on the single lock—I found a candle in the passage, and the back-door open—I found the doors open on the floor occupied by Mrs. Bull, and all the things in disorder, and the boxes broken open—I found Mrs. Bull at Kennington-lane, at her other house, where she was removing from—she had not removed all her furniture—she returned with me, and her sons afterwards came.
JANE BULL . I live on the first-floor, at 8, Oswell-place, with my sons—they had some boxes in the back-room—on 16th Oct., I left the house about eight o'clock in the evening, leaving no one there—I left the doors in my apartments locked, and fastened the house up—the back-door was bolted, and I double-locked the front; I am quite certain of that—I took the key with me, and gave it to Mrs. Higgins—I did not return that night—in the morning Mrs. Higgins came to me, went in search of my sons, and then returned to the house—my sons went up to the back-room.
JAMES BULL . I live with my mother and brother, at 8, Oswell-place, and occupy the back first-floor room—I and my brother had four or five boxes in that room, containing clothes—on 16th Oct., I left at eleven o'clock, leaving my mother there—the boxes were then packed up at one side of the room, and four of them were locked—I did not return till the Thursday, when my mother came for me—my brother arrived about five minutes before me—I went into the back room, and found the boxes in the middle of the room, all opened, and the contents scattered about the room—I examined them, and missed four coats, one pair of trowsers, two waistcoats, and a telescope, belonging to me, which I had seen on the Saturday before, but the boxes I saw safe on the Wednesday.
EDWARD BULL . I live at 8, Oswell-place—I left on the Wednesday morning before eight o'clock, the boxes were then safe—on the following day I returned with my mother to the house about four in the afternoon; examined the back-room, found the boxes broken open, and things thrown about the place—I missed a silk handkerchief and waistcoat.
CHARLES BURGESS GOFF ( policeman, L 8). On Wednesday night 16th Oct., shortly after eleven o'clock, I was with Garforth in Walcot-place, a short distance past the Ship, and met the prisoners together—I first saw them when they were ten feet in front of me—they came on towards me, and passed me—I had known them both upwards of twelvemonths—there was a light where I first saw them—I had a perfect view of them which caused me to look round, and I saw something bulky under Smith's coat on the right side—Hardy was on his left, they were in company and speaking—it was about twenty or twenty-five yards from Ship-lane—I have seen and examined this plan (produced) with the place, it is correct—I called the attention of Garforth to them, we turned and followed them—they had then got to the corner of Ship-lane, and we lost sight of them, and when we got in sight of them again they were running in the centre of Ship-lane as hard as they could—there are two lights at the corner of Ship-lane—they could not have turned down any other turning, there is none—we pursued them from Ship-lane down St. Mary-square, and they separated here (pointing it out)—Smith took the direction of Bird-street, and Hardy went across Lambeth-square into Walcot-square, which leads again into Bird-street—I ran after
Hardy through St. Mary's-square, where he ran nearly close to the garden—there is an iron railing separating the square from the garden—when he was opposite the garden I saw him put his right arm, which was next the railing, up towards the railing near the gate—I was twenty or thirty yards from him, and continued to pursue him, calling, "Stop thief!"—he ran into Walcot-square, where I came up to him and found him in Edgar's custody, and Taylor came up at the same moment—I have not the slightest doubt he was the same person I had first seen and pursued—I directed them to take charge of him—I went round Bird-street, and found Smith in Garforth's custody—he had hold of him with his left hand, and had some clothes in his right—I took Smith to where I had left Hardy, and took them to the station—I found two coats on Smith over his own, and in his coat-pocket a telescope, a black silk waistcoat, and in his trowsers-pocket a blue silk handkerchief (produced)—the inspector on duty asked Hardy his address, and he gave 5, Martyn-street, Friar-street, Blackfriars-road—I know that he lived at 63, Webber-street, which is five or six minutes walk from the address he gave—about one o'clock the same morning I went to Webber-street, examined the front parlour where I had frequently seen Hardy, and in a drawer there I found these two pair of pliers (produced)—I have seen such in the possession of house-breakers—they are used for opening locks from the outside without noise—if a key is left inside in the lock, and the door closed, by inserting one of these in the key hole, and taking hold of the protruding part yon can turn the key—I also found six keys (produced), two of which have been partly filed—here is another key (produced) with a black composition on one side of it, which by turning it in a door would take an impression of the wards of the lock, and so enable another key to be made or part of this one filed off so as to make it fit—Mrs. Higgins's house is in the parish of St. Mary, Lambeth.
Cross-examined by MR. BALLANTINE. Q. How do you know the house in Webber-street is occupied by the prisoner? A. I have seen him go in and out twenty or thirty times in the last two or three months—I saw him the day previous to taking him—I believe he is the holder of the house, and the female there is his wife—Hardy ran on one side of the plantation, and Smith the other—I took Hardy about eight or ten minutes' walk from Mrs. Higgins, there was nothing found on him.
Smith. Q. Did you ever see us together before? A. No.
THOMAS GARFORTH (policeman, L 151). On the evening of 16th Oct., I was with Goff in Walcot-place, and saw the prisoners together, meeting us—I had known Hardy about twelve months, and Smith fifteen or sixteen months—I recognised them at once—Goff turned round as they passed, and spoke to me—there was a lamp about fifteen yards from where we met them—as Smith passed he was on the inner side, and I saw something bulky under his coat—we followed them—they turned down Ship-lane, and we next saw them in Ship-lane running—I had seen Hardy turn round at the corner of the lane, look towards me and Goff, and run on—we followed them into St. Mary's-square, where they separated—I followed Smith through the square on the left side—he ran near the plantation of the garden which is very wide there, at first, but as he got further he went to the centre of the road—I have seen the place where the coat was found by Atolee—I should say that is at least twenty yards from where Smith ran—I should say he could not have thrown it there—I saw him drop a coat, pair of trowsers, and waistcoat which I picked up—I continued to pursue him for about a hundred yards, when he dropped another waistcoat, which a man picked up and gave me—I came up
to him in Bird-street, and he was in custody of a man named Richardson—I had called out the whole of the way I ran—Goff afterwards came up and took Smith away—we then retraced the route Smith had taken, and found this jemmy (produced) about fifty yards from where he was stopped—it was picked up by a man in my presence, and appeared to be warm as if it had recently come from a person's pocket—this skeleton key (produced) of which the wards have been filed away, was handed to me at the same time—I afterwards tried it to Mrs. Higgins's door, and it opened it without the slightest inconvenience—I was shown the boxes in the back room which had apparently been forced open, and the marks corresponded with this crowbar—these (produced) are some of the pieces of the boxes—I know that Hardy lived at 63, Webber-row—I have often seen him in and out of the house, and walking from the direction of it—I produce the clothes.
WILLIAM ATLEE (policeman, L 4). On 16th Oct. I was sent by Goff to search the garden at 8, St Mary's-square, and I found this coat (produced) in the beginning of the square—there is an iron railing right round the square—it was about three yards from the railing on one side, and fifteen or more from the other, where Smith ran—there are several trees between.
EDWIN BULL re-examined. This coat, blue handkerchief, and waistcoat, are mine.
JAMES BULL re-examined. These four c oats, two waistcoasts, pair of trowsers, and telescope are mine, and worth 4l. and upwards—I had seen the telescope on the Saturday. (Smith's statement before the Magistrate was here read)—"I had been down the Brixton-road to see a friend; as I was returning, I turned down a turning to make water; I picked up a bundle down the turning, I opened it to see the contents of it; I carried the things openly for anybody to see them, I did not conceal them, in any way; going down the Kennington-road, just before we met the officers, I met this good man—(the other prisoner); I asked him the nearest way to the London-road; he was a stranger to me, and was merely walking with me to show me the nearest way."
WILLIAM COOMBS (policeman, L 94)I know Smith by the name of Elliott, and Hardy by the name of Owens—I have known them for the last two years, and have seen them on several occasions together—I saw them on the 12th, about half-past twelve o'clock, in the Borough-road, and on the 14th in the Westminster-road; and I saw them together one night previous—Hardy lives at 63, Webber-row, and I have heard that he is the landlord of the house—he lives in the parlour—the whole house belongs to him—I have seen him go in and out of the parlour as I have passed, I should say two scores of times—a woman who goes by the name of Williams lives with him there—there are other parties in the house.
Cross-examined. Q. Have you ever seen them together in the house? A. Yes; in the parlour; there is a bed in that room—I went there to search, and found 400 skeleton keys—I took him into custody; he was remanded for a week and discharged—I found pick-lock keys and dark-lanterns.
SAMUEL BOOKER (policeman.) I produce a certificate—(read—Central Criminal Court; Edward Elliot convicted, July, 1848, of burglary, and confined one year)—I was present at the trial—Smith is the person.
JOSEPH THOMPSON (policeman, F 11). I produce a certificate of Hardy's conviction at this court—(read—Thomas Owens, convicted June, 1839, and transported for seven years)—Hardy is the person.
SMITH— GUILTY . Aged 25. HARDY— GUILTY ** Aged 29. Transported for Ten Years.
|
| Conviction |
21 Oct 1850 |
Old Bailey, Central Criminal Court, London, England, United Kingdom |
| House Breaking and Sentenced to 10 Years Transportation |
- Trial Transcript from The Old Bailey:
EDWIN SMITH and THOMAS HARDY , breaking and entering the dwelling-house of Mary Higgins, and stealing 4 coats, 1 pair of trowsers, 2 waistcoats, and 1 telescope, value 4l. 1s.; the goods of James Bull: 1 coat, 1 pair of trowsers, 2 waistcoats, and 1 handkerchief, 1l. 1s. 6d.; the goods of Edwin Bull; both having been before convicted.
MR. CAARTEEN conducted the Prosecution.
MARY HIGGINS . I am a widow, and live at 8, Oswell-place, Kennington-lane. On Wednesday, 16th Oct., I left the house about eight or nine o'clock in the morning; Mrs. Bull and her two sons, James and Edwin, live there—I left no one in the house—I returned on the Thursday morning, at ten—Mrs. Bull had given me the key, and I found the door on the single lock—I found a candle in the passage, and the back-door open—I found the doors open on the floor occupied by Mrs. Bull, and all the things in disorder, and the boxes broken open—I found Mrs. Bull at Kennington-lane, at her other house, where she was removing from—she had not removed all her furniture—she returned with me, and her sons afterwards came.
JANE BULL . I live on the first-floor, at 8, Oswell-place, with my sons—they had some boxes in the back-room—on 16th Oct., I left the house about eight o'clock in the evening, leaving no one there—I left the doors in my apartments locked, and fastened the house up—the back-door was bolted, and I double-locked the front; I am quite certain of that—I took the key with me, and gave it to Mrs. Higgins—I did not return that night—in the morning Mrs. Higgins came to me, went in search of my sons, and then returned to the house—my sons went up to the back-room.
JAMES BULL . I live with my mother and brother, at 8, Oswell-place, and occupy the back first-floor room—I and my brother had four or five boxes in that room, containing clothes—on 16th Oct., I left at eleven o'clock, leaving my mother there—the boxes were then packed up at one side of the room, and four of them were locked—I did not return till the Thursday, when my mother came for me—my brother arrived about five minutes before me—I went into the back room, and found the boxes in the middle of the room, all opened, and the contents scattered about the room—I examined them, and missed four coats, one pair of trowsers, two waistcoats, and a telescope, belonging to me, which I had seen on the Saturday before, but the boxes I saw safe on the Wednesday.
EDWARD BULL . I live at 8, Oswell-place—I left on the Wednesday morning before eight o'clock, the boxes were then safe—on the following day I returned with my mother to the house about four in the afternoon; examined the back-room, found the boxes broken open, and things thrown about the place—I missed a silk handkerchief and waistcoat.
CHARLES BURGESS GOFF ( policeman, L 8). On Wednesday night 16th Oct., shortly after eleven o'clock, I was with Garforth in Walcot-place, a short distance past the Ship, and met the prisoners together—I first saw them when they were ten feet in front of me—they came on towards me, and passed me—I had known them both upwards of twelvemonths—there was a light where I first saw them—I had a perfect view of them which caused me to look round, and I saw something bulky under Smith's coat on the right side—Hardy was on his left, they were in company and speaking—it was about twenty or twenty-five yards from Ship-lane—I have seen and examined this plan (produced) with the place, it is correct—I called the attention of Garforth to them, we turned and followed them—they had then got to the corner of Ship-lane, and we lost sight of them, and when we got in sight of them again they were running in the centre of Ship-lane as hard as they could—there are two lights at the corner of Ship-lane—they could not have turned down any other turning, there is none—we pursued them from Ship-lane down St. Mary-square, and they separated here (pointing it out)—Smith took the direction of Bird-street, and Hardy went across Lambeth-square into Walcot-square, which leads again into Bird-street—I ran after
Hardy through St. Mary's-square, where he ran nearly close to the garden—there is an iron railing separating the square from the garden—when he was opposite the garden I saw him put his right arm, which was next the railing, up towards the railing near the gate—I was twenty or thirty yards from him, and continued to pursue him, calling, "Stop thief!"—he ran into Walcot-square, where I came up to him and found him in Edgar's custody, and Taylor came up at the same moment—I have not the slightest doubt he was the same person I had first seen and pursued—I directed them to take charge of him—I went round Bird-street, and found Smith in Garforth's custody—he had hold of him with his left hand, and had some clothes in his right—I took Smith to where I had left Hardy, and took them to the station—I found two coats on Smith over his own, and in his coat-pocket a telescope, a black silk waistcoat, and in his trowsers-pocket a blue silk handkerchief (produced)—the inspector on duty asked Hardy his address, and he gave 5, Martyn-street, Friar-street, Blackfriars-road—I know that he lived at 63, Webber-street, which is five or six minutes walk from the address he gave—about one o'clock the same morning I went to Webber-street, examined the front parlour where I had frequently seen Hardy, and in a drawer there I found these two pair of pliers (produced)—I have seen such in the possession of house-breakers—they are used for opening locks from the outside without noise—if a key is left inside in the lock, and the door closed, by inserting one of these in the key hole, and taking hold of the protruding part yon can turn the key—I also found six keys (produced), two of which have been partly filed—here is another key (produced) with a black composition on one side of it, which by turning it in a door would take an impression of the wards of the lock, and so enable another key to be made or part of this one filed off so as to make it fit—Mrs. Higgins's house is in the parish of St. Mary, Lambeth.
Cross-examined by MR. BALLANTINE. Q. How do you know the house in Webber-street is occupied by the prisoner? A. I have seen him go in and out twenty or thirty times in the last two or three months—I saw him the day previous to taking him—I believe he is the holder of the house, and the female there is his wife—Hardy ran on one side of the plantation, and Smith the other—I took Hardy about eight or ten minutes' walk from Mrs. Higgins, there was nothing found on him.
Smith. Q. Did you ever see us together before? A. No.
THOMAS GARFORTH (policeman, L 151). On the evening of 16th Oct., I was with Goff in Walcot-place, and saw the prisoners together, meeting us—I had known Hardy about twelve months, and Smith fifteen or sixteen months—I recognised them at once—Goff turned round as they passed, and spoke to me—there was a lamp about fifteen yards from where we met them—as Smith passed he was on the inner side, and I saw something bulky under his coat—we followed them—they turned down Ship-lane, and we next saw them in Ship-lane running—I had seen Hardy turn round at the corner of the lane, look towards me and Goff, and run on—we followed them into St. Mary's-square, where they separated—I followed Smith through the square on the left side—he ran near the plantation of the garden which is very wide there, at first, but as he got further he went to the centre of the road—I have seen the place where the coat was found by Atolee—I should say that is at least twenty yards from where Smith ran—I should say he could not have thrown it there—I saw him drop a coat, pair of trowsers, and waistcoat which I picked up—I continued to pursue him for about a hundred yards, when he dropped another waistcoat, which a man picked up and gave me—I came up
to him in Bird-street, and he was in custody of a man named Richardson—I had called out the whole of the way I ran—Goff afterwards came up and took Smith away—we then retraced the route Smith had taken, and found this jemmy (produced) about fifty yards from where he was stopped—it was picked up by a man in my presence, and appeared to be warm as if it had recently come from a person's pocket—this skeleton key (produced) of which the wards have been filed away, was handed to me at the same time—I afterwards tried it to Mrs. Higgins's door, and it opened it without the slightest inconvenience—I was shown the boxes in the back room which had apparently been forced open, and the marks corresponded with this crowbar—these (produced) are some of the pieces of the boxes—I know that Hardy lived at 63, Webber-row—I have often seen him in and out of the house, and walking from the direction of it—I produce the clothes.
WILLIAM ATLEE (policeman, L 4). On 16th Oct. I was sent by Goff to search the garden at 8, St Mary's-square, and I found this coat (produced) in the beginning of the square—there is an iron railing right round the square—it was about three yards from the railing on one side, and fifteen or more from the other, where Smith ran—there are several trees between.
EDWIN BULL re-examined. This coat, blue handkerchief, and waistcoat, are mine.
JAMES BULL re-examined. These four c oats, two waistcoasts, pair of trowsers, and telescope are mine, and worth 4l. and upwards—I had seen the telescope on the Saturday. (Smith's statement before the Magistrate was here read)—"I had been down the Brixton-road to see a friend; as I was returning, I turned down a turning to make water; I picked up a bundle down the turning, I opened it to see the contents of it; I carried the things openly for anybody to see them, I did not conceal them, in any way; going down the Kennington-road, just before we met the officers, I met this good man—(the other prisoner); I asked him the nearest way to the London-road; he was a stranger to me, and was merely walking with me to show me the nearest way."
WILLIAM COOMBS (policeman, L 94)I know Smith by the name of Elliott, and Hardy by the name of Owens—I have known them for the last two years, and have seen them on several occasions together—I saw them on the 12th, about half-past twelve o'clock, in the Borough-road, and on the 14th in the Westminster-road; and I saw them together one night previous—Hardy lives at 63, Webber-row, and I have heard that he is the landlord of the house—he lives in the parlour—the whole house belongs to him—I have seen him go in and out of the parlour as I have passed, I should say two scores of times—a woman who goes by the name of Williams lives with him there—there are other parties in the house.
Cross-examined. Q. Have you ever seen them together in the house? A. Yes; in the parlour; there is a bed in that room—I went there to search, and found 400 skeleton keys—I took him into custody; he was remanded for a week and discharged—I found pick-lock keys and dark-lanterns.
SAMUEL BOOKER (policeman.) I produce a certificate—(read—Central Criminal Court; Edward Elliot convicted, July, 1848, of burglary, and confined one year)—I was present at the trial—Smith is the person.
JOSEPH THOMPSON (policeman, F 11). I produce a certificate of Hardy's conviction at this court—(read—Thomas Owens, convicted June, 1839, and transported for seven years)—Hardy is the person.
SMITH— GUILTY . Aged 25. HARDY— GUILTY ** Aged 29. Transported for Ten Years.
- Role: Co-Defendant
|
| Departure |
2 Nov 1851 |
Portland, England, United Kingdom |
| The Marion |
| Arrival |
30 Jan 1852 |
Fremantle, Western Australia, Australian Colonies |
| The Marion |
| Death |
Yes, date unknown |
| Person ID |
I2225 |
Australian Convict Ship Project |
| Last Modified |
29 Dec 2024 |
Australian Convict Ship Project
Abt 1821 - Yes, date unknown
